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Home My WebLink About1979-01-02 (Regular) Meeting AgendaCITY COUl~CIL ~ETING -Regular -Ja:lUary 2., 1979 • • - - • REGULAR MEETING: • • • COUNCI L CHAMBERS CITY OF ENGLEWOOD , COLORADO January 2, 1979 The City Council of the City of En g lewood, Arapahoe County, Colorado, met in regular session on January 2, 1979. The invocation was given by Reverend William Mantei, Centennial Lutheran Church. The Pledge o f Allegiance was led by Boy Scout Troop 192. Mayor Pro Tern Mann asked for a roll call. Upon a call of the roll, the following were present: Council Members Williams, Weber, Smith, Harper, Clayton, Mann. Absent : Council Member Mayor Taylor. The Mayor Pro Tern declared a quorum present. * * * * * * Also present were: City Manager McCown Assistant City Manager Curnes City Attorney Berardini Deputy City Clerk Johannisson * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE REG ULAR COUNCIL MEETING OF DEC EMBER 18, 1978. Councilman Harper second ed the motion. Upon a call o f the roll, the vote resulted as follows: Ayes : Nays : Absent : Council Members Harper, Clayton, Williams, Weber, Smith, Mann. None. Council Member Taylor. The Mayor Pro Tern decla r ed the motion carried. * * * * * * Ms. Alice Fessenden, representing the Englewood Hous ing Authority, was present. She stat ed that the Housing Authority was prepar ing a HUD proposal for 100 units for the elderly and possibly some family units . She asked that Counci l pass the Council Bil l No . 1 presented for Council's action tonight • • I • • January 2 , 1979 Pag e 2 • • .. COUNCILMAN CLAYTON MOVED TO CONSIDER AGENDA ITEM 7D AT THIS TIME. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent: Council Members Harper, Clayton, Williams, Weber, Smith, Mann. None. Council Member Taylor. The Mayor Pro Tern declared the motion carried. BY AUTHORITY COUNCIL BILL NO. 1, SERIES OF 1979 INTRODUCED BY COUNCILMAN HARPER A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND ENGLEWOOD HOUSING AUTHORITY, PERTAINING TO LOW-RENT HOUSING IN THE DENVER METROPOLITAN AREA, WITHIN THE CITY OF ENGLE-WOOD. COUNCILMAN HARPER MOVED TO APPROVE COUNCIL BILL NO. 1, SERIES OF 1979 ON FIRST READING. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays: Absent : Council Members Harper, Clayton, Williams, Weber, Smith, Mann. None. Council Member Taylor. * * * * * * City Attorney Berardini expla i ned the new Council Bill system he is introducing with 1979 ordinances. * * * * * * Robert Brundage, 4140 South Huron, was present. Mr. Brundage is a member of the Career Service Board. He read a statement relating to the pay raises granted to non-emergency personnel as they relate to pay raises granted to City Admini- stration officials. He urged Council to rescind the 7% increase granted to top level management and replace it with a 6% raise, the same granted to non-emergency personnel • • I • • ( • • • • January 2 , 1979 Page 3 Councilman Smith stated that top level management per- sonnel do not receive an annual 5% merit increase as do all non-emergency personnel. In answer to Councilman Clayton's questions, Mr. Brundage said that no action is needed if pay increases granted to the two groups were equitable. * * * * * * Ethel Kelly, 3159 South University , was present . Mrs. Kelly is a member of the Colorado Union of Taxpayers . She com- mented on the Council proposal to raise councilmember salaries. She asked that Council hold their increase to 7%. She expressed a concern for the cost of finge benefits granted to city employees. Council. Councilman Cl a yton commented on trips as a member of To clari fy an answer to Mrs . Kelly, City Manager McCown stated that the 6% pay increase granted non-emergency employees included finge benefits. * * * * * * John Criswell, 3780 South Broadway, was present to dis- cuss the law suit involving the City of Englewood, Martin Marietta, and Alfred Atchison. COUNCILMAN WEBER MOVED TO CONSIDER ITEM 7E OF THE AGENDA AT THIS TIME. Councilman Harper seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Abs e n t : Council Members Harper, Clayton, Williams, Weber, Smith, Mann. None. Coun c il Member Taylor. The Ma y or Pro Te rn declared the motion carried. Mr. Criswell explained briefly the background of the proceedings revolving around the litigation. He recommended that Coun c il agree t o p a y Mart i n Ma r ietta $750 ,000 which would bring the suit to a conclusion out of court. Mr. Criswell stated that if the law suit brought by Martin Marietta proceeded to the courts, the City would have a 50-50 chance of winning. If the City won, they would owe nothing. If the City lost, they could be required to pay Martin Marie t ta i n e xc e ss of $2,000,000. In his opinion this was a satis fac tory compromise. • I • • • January2 , 1979 Page 4 • • • RESOLUTION NO. 1, SERIES OF 1979 AUTHORIZING AND DIRECTING THE DIRECTOR OF FINANCE OF THE CITY OF ENGLEWOOD TO PAY TO MARTIN MARIETTA CORPORATION THE SUM OF SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750 000) IN FULL AND COM- PLETE SETTLEMENT OF PRESENTLY PENDING LITIGATION . COUNCILMAN WEBER MOVED TO APPROVE RESOLUTION NO . 1, SERIES OF 1979, WITH THE FOLLOWING ADDITION TO BE INSERTED AS THE SECOND PARAGRAPH: WHEREAS, IN PREVIOUS PROCEEDINGS IN THAT LITIGATION BEFORE THE COLORADO SUPREME COURTS, IT HAS BEEN DETER- MINED THAT BOTH THE CITY OF ENGLEWOOD AND THE MARTIN MARIETTA CORPORATION ARE, COLLECTIVELY, LIABLE TO ALFRED ATCHISON FOR ALL DAMAGES SUSTAINED BY HIM AS A RESULT OF THE CITY'S CONVEYANCE IN 1 9 67 OF CERTAIN REALTY TO MARTIN MARIETTA CORPORATION; AND. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent : Council Members Harper, Clayton, Williams, Weber, Smith, Mann. None . Council Member Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * "Communications -No Action Recommended" were received without comm e nt: (a) (b) (c ) (d) (e) Minutes of the meeting of Board of Adjust- ment and Appeals of November 8, 1978 . Minutes of the meeting of City of Englewood Planning and Zoning Commission of November 14. 1978. Minutes of the mee ting of th e Englewood Publ i c Library Board of December 12 , 1978. Minutes of the council meeting of the Denv e r Regional Council of Governments of November 15, 1978. Report from Marten D. Lathrop of the Planning and Zoning Commission, concerning meeting of the American Society of Planning Officials which he attended April 29 to May 5, 1978. * * * * * * • I • • ( ( • January 2, 1979 Page 5 • • • City Attorney Berardini stated that he has not com- rleted the report requested by Councilman Smith relating to the Cinderella City Parking Agreement. COUNCILMAN SMITH MOVED TO POSTPONE AGENDA ITEM 6A, A REPORT FROM CITY ATTORNEY BERARDINI RELATING TO THE CINDERELLA CITY PARKING AGREEMENT, TO JANUARY 15, 1979. Councilman Clayton seconded the motion. Upon a call of the roll , the vote resulted as follows: Ay es: Nays : Absent : Cou ncil Members Harper, Clayton, Hilliams, Weber, Smith, Mann. Non e . Council Member Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * COUNCILMAN WEBER MOVED TO RENEW THE 3.2 BEER LICENSES FOR SOUTHLAND CORPORATION DOING BUSINESS AS 7-ll STORES , 4400 SOUTH BROADWAY; KING SOOPERS 5050 SOUTH FEDERAL ; AND SHOP-N-GO MARKET , 2901 SOUTH BROADWAY. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton , Williams, Weber, Smith, Mann. None. Council Member Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN MANN BY AUTHORITY ORDINANCE NO. , SERIES OF 1978 AN ORDINANCE AMENDING CHAPTERS 3, 4 , 6 , 7 , AND 8 , TITLE V, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED, RELATING TO PROBATIONARY APPOINTMENTS , SICK LEAVE , MATERNITY LEAVE, OFFICIAL HOLIDAYS, SALARY INCREASES, TUITION REFUNDS, HOURS OF WORK , OVERTIME WORK, LIFE AND HEALTH INSURANCE BENEFITS , FOR GENERAL CAREER SERVICE EMPLOYEES OF THE CITY OF ENGLEWOOD, COLORADO . I • • Janua r y 2, 1979 Page 6 • • - COUNCILMAN WEBER MOVED TO TABLE INDEFINIT ELY AGENDA ITEM 7A, AN ORDINANCE AMENDING CHAPTERS OF TITLE V OF THE 1969 ENGLEWOOD MUNICIPAL CODE, AND DIRECT THE CITY ATTORNEY TO MAKE THE NECESSARY AMENDMENTS TO TITLE V AND TO PREPARE AN ORDINANC E FOR THE JANUARY 15, 1979 MEETING APPROVING THE CONTRACT WITH THE CITY EMPLOYEES AND THE ORDINANCE SHOULD STATE THAT THE CON- TRACT IS EFFECTIVE AS OF JANUARY l, 1979. Councilman Harper seconded the motion. Upon a call of the roll, the vote result ed as follows: Ayes : Nays: Absent : Council Members Harper, Clayton, Williams, Weber, Smith, Mann. None. Council Member Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMEN MANN AND WILLIAMS BY AUTHORITY ORDINANCE NO. l, SERIES OF 1979 AN ORDINANCE AMENDING SECTION 41, CHAPTER 4, TITLE I, OF ARTICLE IV, ENTITLED "COUNCIL SALARIES" BY INCREASING SAID SALARIES FOR FU TURE MEMBERS OF THE ENGLEWOOD CITY COUNCIL, TO BECOME EFFECTIV E DURING SAID COUNCIL TERM COMMENCING AT 7:30 P.M. ON THE FIRST MONDAY AFTER JANUARY l, 1980. COUNCIL~~N WILLIAMS MOVED TO APPROVE ORDINANCE NO. l, SERIES OF 1979. Councilman Smith seconded the motion. Councilman Smith stated that lack of adequate pay for councilmem bers eliminates possible candidates because they can 't afford the j ob. The Council job requires a great dea l of time away f rom one's j ob. For many who may be paid on an hourly basis , lack of Council pay is a disincentive . Mr. Smith said that he had contacted 96 of his constituents , and only two wer e not in favor of this ordinance. Mr. Smith further pointed out that Council's recent mill levy reduction would pay for the Council pay ra ises for seven years. Councilman Weber urged defeat of the ordinance. Coun- cil participation is community service and a citizen obligation. Currently, the $2 ,400 made by Councilmembers should more than cover lost job time. In response to Councilman Smith's statement relating to t he pay of Denver Councilmembers, Mr. Weber stated • I • • January 2, 1979 Page 7 • • - that the comparison is not valid because Denver Councilrnernbers do more and have more responsibilities than Englewood Council-members. Councilman Williams stated that all Councilrnembers are not making $200 per month. Co uncilman Harper stated that he wo uld vote against the ordinance but would be willing to consider a 7% increase . The City has an obligation to stay within the Presidential guide-lines . Co uncilman Clayton stated that Co uncilrnernber pay is behind many seven per c ents not received in pr evio us yea rs . This pay increase will make Co uncil mem b ership available t o many who would otherwise not b e able to participate . Upon a call of the roll, the vote resulted as follows : Ay e s : Council Members Clayton, Williams, Smith, Mann . Nays: Council Members Weber, Harper. Absent : Council Member Taylor . The Mayor Pro Tern declared the motion carried . * * * * * * INTR ODUCE D AS A BILL BY COUNCILMAN CLAYTON BY AUTHORITY ORDINANCE NO. 2, SERIES OF 1979 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE COUNTY OF ARAPAHOE , CITIES OF LITTLETON, SHERIDAN AND CHERRY HILLS VILLAGE , COLORADO, RELATING TO THE US E OF THE ANIMAL SHEL TER FACILITIES WITHIN THE CITY OF ENGLEWOOD, COLORADO. COUNCILMAN CLAYTON MOVED TO APPROVE ORDINANCE NO. 2, SERIES OF 1979. Councilman Harper seconded the motion. Upon a call of the roll , the vote resulted as follows: Ayes : Nays : Absent : Council Members Harper, Clayton , Williams, Weber , Smith, Mann. None. Council Member Taylor. • I • ...... • • January 2, 1979 Page 8 • • .. The Mayor Pro Tern declared the motion carried. * * * * * * City Attorney Berardini presented an update of activi - ties of the City Attorney's office. Councilmembers indicated they had not received the file to which Mr. Berardini was ref e r- ring. Mr. Berardini stated that he would insure future files were forwarded to the Council. * * * * * * City Manager McCown stated that he had received a re- quest from the Animal Control Committee for a recording secretar y . Mr. McCown requested direction from City Council. COUNCILMAN CLAYTON MOVED TO DIRECT THE CITY STAFF TO PROVIDE A RECORDING SECRETARY FOR THE ANIMAL CONTROL COMMITTEE. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent : Council Members Harper, Clayton, Williams, Weber, Smith, Mann. None. Council Member Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN. Mayor Pro Tern Mann adjourned the meeting without a vote at 8 :58 p.m. Clerk Johannisson _________ _ • I • - • ( • REGULAR MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO January 2, 1979 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on January 2, 1979. The invocation was given by Reverend William Mantei, Centennial Lutheran Church. The Pledge of Allegiance was led by Boy Scout Troop #92. Mayor Pro Tern Mann asked for a roll call. Upon a call of the roll, the following were present: Council Members Williams, Weber, Smith, Harper, Clayton, Mann. Absent : Council Member Mayor Taylor. The Mayor Pro Tern declared a quorum present. * * * * * * Also present were: City Manager McCown Assistant City Manager Curnes City Attorney Berardini Deputy City Clerk Johannisson * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE REGULAR COUNCIL MEETING OF DECEMBER 18, 1978. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent : Council Members Harper, Clayton, Williams, Weber, Smith, Mann. None. Council Member Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * Ms. Alice Fessenden, representing the Englewood Housing Authority, was present. She stated that the Housing Authority was preparing a HUD proposal for 100 units for the elderly and possibly some family units. She asked that Council pass the Council Bill No. 1 presented for Council's action tonight • • I • - • • J anuary 2 , 1979 P age 2 • • • COU NCILMAN CLAYTON MOVED TO CONSIDER AGENDA ITEM 7D AT TH IS TIME . Co un ci l man Harper seconded th e motion. Upon a ca ll o f the ro ll , t h e vot e result ed as fol l ow s: Aye s : Nays : Absent: Council Members Harper, Clayton , Williams, Weber, Smith, Mann. None. Council Member Taylor. The Mayor Pro Tern declared the motion carried. BY AUTHORITY COUNCIL BILL NO. 1, SERIES OF 1979 INTRODUCED BY COUNCILMAN HARPER A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO , AND ENGLEWOOD HOUSING AUTHORITY, PERTAINING TO LOW-RENT HOUSING IN THE DENVER METROPOLITAN AREA, WITHIN THE CITY OF ENGLE- WOOD. COUNCILMAN HARPER MOVED TO APPROVE COUNCIL BILL NO. 1, SERIES OF 1979 ON FIRST READING. Councilman Weber seconded the motion. Upon a call of the roll , the vote resulted as follows: Ayes: Nays: Absent : Council Members Harper, Clayton, Williams, Weber, Smith, Mann. None. Council Member Taylor. * * * * * * Ci ty Attorney Be rardin i e xplaine d th e new Council Bi ll system h e is introducing with 1979 ordinances. * * * * * * Rob e rt Brundage , 4140 South Huron, was present. Mr • Br un dage i s a member of the Career Service Board. He read a st a t eme n t relat i ng to the pay raises granted to non-emergency personne l as they relate to pay raises granted to City Admini- stration officials. He urged Council to rescind the 7% increase grant e d t o t op level management and replace it with a 6% raise, the same granted to non-emergency personnel • • I • ( J ( • • • .. .. January 2 , 1979 Page 3 Councilman Smith stated that top level management per- sonnel do not receive an annual S% merit increase as do all non- emergency personnel. In answer to Councilman Clayton's questions, Mr. Brundage said that no action is needed if pay increases granted to the two groups were equitable. * * * * * * Ethel Kelly, 31S9 South University, was present. Mrs. Kelly is a member of the Colorado Union of Taxpayers. She com- mented on the Council proposal to raise councilmember salaries. She asked that Council hold their increase to 7%. She expressed a concern for the cost of finge benefits granted to city employees. Council. Councilman Clayton commented on trips as a member of To clari fy an answer to Mrs. Kelly, City Manager McCown stated that the 6% pay increase granted non-emergency employees included finge benefits. * * * * * * John Criswell, 3780 South Broadway, was present to dis- cuss the law suit involving the City of Englewood, Martin Marietta, and Alfred Atchison. COUNCILMAN WEBER MOVED TO CONSIDER ITEM 7E OF THE AGENDA AT THIS TIME. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent : Council Members Harper, Clayton, Williams, Weber, Smith, Mann. None. Council Member Taylor. The Mayor Pro Tern declared the motion carried. Mr. Criswell explained briefly the background of the proceedings revolving around the litigation. He recommended that Council a gree t o pay Martin Marietta $7SO,OOO which would bring the suit to a conclusion out of court. Mr. Criswell stated that if the law suit brought by Martin Marietta proceeded to the courts, the City would have a SO-SO chance of winning. If the City won, they would owe nothing . If the City lost, they could be required to pay Martin Marietta in excess of $2 ,000,000. In his opinion this was a satis f actory compromise • I • January 2 , 1979 Page 4 • • • RESOLUTION NO. 1, SERIES OF 1979 AUTHORIZING AND DIRECTING THE DIRECTOR OF FINANCE OF THE CITY OF ENGLEWOOD TO PAY TO MARTIN MARIETTA CORPORATION THE SUM OF SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750 000) IN FULL AND COM- PLETE SETTLEMENT OF PRESENTLY PENDING LITIGATION. COUNCILMAN WEBER MOVED TO APPROVE RESOLUTION NO. 1, SERIES OF 1979, WITH THE FOLLOWING ADDITION TO BE INSERTED AS THE SECOND PARAGRAPH: WHEREAS, IN PREVIOUS PROCEEDINGS IN THAT LITIGATION BEFORE THE COLORADO SUPREME COURTS, IT HAS BEEN DETER- MINED THAT BOTH THE CITY OF ENGLEWOOD AND THE MARTIN MARIETTA CORPORATION ARE, COLLECTIVELY, LIABLE TO ALFRED ATCHISON FOR ALL DAMAGES SUSTAINED BY HIM AS A RESULT OF THE CITY'S CONVEYANCE IN 1967 OF CERTAIN REALTY TO MARTIN MARIETTA CORPORATION; AND. Councilman Clayton seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Williams, Weber, Smith, Mann. None. Council Member Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * "Communications -No Action Recommended" were received without comment: (a) (b) (c) (d) (e) Minutes of the meeting of Board of Adjust- ment and Appeals of November 8, 1978. Minutes of the meeting of City of Englewood Planning and Zoning Commission of November 14, 1978. Minutes of the me e ting of the Englewood Publ i c Library Board of December 12, 1978. Minutes of the council meeting of the Denver Regional Council of Governments of November 15, 1978. Report from Marten D. Lathrop of the Planning and Zoning Commission, concerning meeting of the American Society of Planning Officials which he attended April 29 to May 5, 1978. * * * * * * I • • ( ( • January 2, 1979 Page 5 .. • • .. City Attorney Berardini stated that he has not com- rleted the report requested by Councilman Smith relating to the Cinderella City Parking Agreement. COUNCILMAN SMITH MOVED TO POSTPONE AGENDA ITEM 6A, A REPORT FROM CITY ATTORNEY BERARDINI RELATING TO THE CINDERELLA CITY PARKING AGREEMENT, TO JANUARY 15, 1979. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ay e s : Nays: Absent : Council Members Ha rp e r, Clayton , Wil l i a ms, Weber, Smith, Mann. None. Council Member Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * COUNCILMAN WEBER MOVED TO RENEW THE 3.2 BEER LICENSES FOR SOUTHLAND CORPORATION DOING BUSINESS AS 7-11 STORES, 4400 SOUTH BROADWAY; KING SOOPERS 5050 SOUTH FEDERAL; AND SHOP-N-GO MARKET , 2901 SOUTH BROADWAY. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent : Council Members Harper, Clayton , Williams, Weber, Smith, Mann. None. Council Member Taylor . Th e Mayor Pro Te rn d e clare d the motion carr i ed. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN MANN BY AUTHORITY ORDINANCE NO. , SERIES OF 1978 AN ORDINANCE AMEN DING CHAPTERS 3 , 4 , 6 , 7 , AND 8 , TITLE V, OF THE 196 9 ENGLEWOOD MUNIC IPAL CODE , AS AMEND ED, RELATING TO PROBATIONARY APPOINTMENTS, SICK LEAVE , MATERNITY LEAVE , OFFICIAL HOLIDAYS, SALARY INCREASES , TUITION REFUNDS, HOURS OF WORK , OVERTIME WORK, LIFE AND HEALTH INSURANCE BENEFITS, FOR GENERAL CAREER SERVICE EMPLOYEES OF TH E CITY OF ENGLEWOOD, COLORADO . • I • • January 2, 1979 Page 6 • • - COUNCILMAN WEBER MOVED TO TABLE INDEFINITELY AG ENDA ITEM 7A, AN ORDINANCE AMENDING CHAPTERS OF TITLE V OF THE 1969 ENGLEWOOD MUNICIPAL CODE, AND DIRECT THE CITY ATTORNEY TO MAKE THE NECESSARY AMENDMENTS TO TITLE V AND TO PREPAR E AN ORDINANC E FO R THE JA NUARY 15, 1979 MEETING APPROVING THE CONTRAC T WITH THE CITY EMPLOYEES AND THE ORDINANCE SHOULD STATE THAT THE CON- TRACT IS EFFECTIVE AS OF JANUARY 1, 1979. Councilman Harper seconded the motion. Upon a call of the roll, the vote result ed as f ollows: Ayes : Na ys: Abs e nt : Council Members Harper, Clayton, Willi ams , Weber, Smith, Mann. None. Council Member Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMEN MANN AND WILLIAMS BY AUTHORITY ORDINANCE NO. 1, SERIES OF 1979 AN ORDINANCE AMENDING SECTION 41, CHAPTER 4 , TITLE I, OF ARTICLE IV, ENTITLED "COUNCIL SALARIES" BY INCREASING SAID SALARIES FOR FUTURE MEMBERS OF THE ENGLEWOOD CITY COUNCIL, TO BECOME EFFECTIVE DURING SAID COUNCIL TERM COMMENCING AT 7 :30 P.M. ON THE FIRST MONDAY AFTER JANUARY 1, 1980. COUNCIL~~N WILLIAMS MOVED TO APPROVE ORDINANCE NO. 1 , SERIES OF 1979. Councilman Smith seconded the motion. Councilman Smith stated that la ck of adequate pay for councilmembers eliminates possible candidat es b ecause they can't afford the job . The Council j ob requ ire s a great deal of time away from one's jo b. For ma ny who may be paid on an hourly basis, lack of Council pay is a disincentive. Mr. Smith said that he had contacted 96 of his const ituents , and only two were not in f avor of this ordinance. Mr. Smith furt her pointed out that Council 's recent mill levy reduction would pay for the Counc il pay r aises for seven years. Councilman Weber urged defeat of the ordinance. Coun- cil participation is community service and a citizen obl igation . Currently, the $2,400 made by Councilmembers should more than cover lost job time. In response to Councilman Smith's statement relating to the pay of Denver Counci lmember s, Mr. Weber stated I • - ( ( • January 2, 1979 Page 7 • • • that the comparison is not valid because Denver Councilmembers do more and have more responsibilities than Englewood Council- members. Councilman Williams stated that all Councilmembers are not making $200 per month. Councilman Harper stated that he would vote against the ordinance but would be willing to consider a 7% increase. The City has an obligation to stay within the Presidential guide- lines. Councilman Clayton stated that Councilmember pay is behind many seven percents not received in previous years. This pay increase will make Council membership available to many who would otherwise not be able to participate. Upon a call of the roll, the vote resulted as Ayes: Council Members Clayton, Williams, Mann. Nays: Council Members Weber, Harper. Absent: Council Member Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON BY AUTHORITY ORDINANCE NO. 2, SERIES OF 1979 follows: Smith, AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE COUNTY OF ARAPAHOE, CITIES OF LITTLETON, SHERIDAN AND CHERRY HILLS VILLAGE, COLORADO, RELATING TO THE USE OF THE ANIMAL SHELTER FACILITIES WITHIN THE CITY OF ENGLEWOOD, COLORADO. COUNCILMAN CLAYTON MOVED TO APPROVE ORDINANCE NO. 2, SERIES OF 1979. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent : Council Members Harper, Clayton, Williams, Weber, Smith, Mann. None. Council Member Taylor. I • • January 2, 1979 Page 8 • • • The Mayor Pro Tern declared the motion carried. * * * * * * City Attorney Berardini presented an update of act1v1- ties of the City Attorney's office. Councilmembers indicated they had not received the file to which Mr. Berardini was re fer - ring. Mr. Berard i ni stated that he would insure future files were forwarded to the Council. * * * * * * City Manager McCown stated that he had received a r e - quest from the Animal Control Committee for a recording secretary . Mr. McCown requested direction from City Counc ~l . COUNCILMAN CLAYTON MOVED TO DIR ECT THE CITY STAFF TO PROVIDE A RECORDING SECRETARY FOR THE ANIMAL CONTROL COMMITTEE. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent : Council Members Harper, Clayton, Williams, Weber, Smith, Mann. None. Council Member Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN. Mayor Pro Tern Mann adjourned the meeting without a v o te at 8 :58 p.m. Clerk Johannisson ______ _ • , I . - • ( • REGULAR MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO January 2, 1979 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on January 2, 1979. The invocation was given by Reverend William Mantei, Centennial Lutheran Church. The P ledge of Allegiance was led by Boy Scout Troop #92. Mayor Pro Tern Mann asked for a roll call. Upon a call of the roll, the following were present: Council Members Williams , Weber, Smith, Harper, Clayton , Mann. Absent: Council Member Mayor Taylor. The Mayor Pro Tern declared a quorum present. * * * * * * Also present were: City Manager McCown Assistant City Manager Curnes City Attorney Berardini Deputy City Clerk Johannisson * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE REGULAR COUNCIL MEETING OF DECEMBER 18, 1978. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent : Council Members Harper, Clayton, Williams, Weber, Smith, Mann. None. Council Member Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * Ms. Alice Fessenden, representing the Englewood Housing Authority, was present. She stated that the Housing Authority was preparing a HUD proposal for 100 units for the elderly and possibly some family units. She asked that Council pass the Council Bil l No. 1 presented for Council's action tonight • I • • ....... • January 2, 1979 Page 2 • • .. COUNCILMAN CLAYTON MOVED TO CONSIDER AGENDA ITEM 7D AT THIS TIME. Councilman Harper seconded the motion. Upon a call of the roll, the vote result ed as follows: Ayes : Nays : Absent : Council Members Harper, Clayton, Williams, Weber, Smith, Mann. None. Council Member Taylor. The Mayor Pro Tern declared the motion carried. BY AUTHORITY COUNCIL BILL NO. 1, SERIES OF 1979 INTRODUCED BY COUNCILMAN HARPER A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND ENGLEWOOD HOUSING AUTHORITY, PERTAINING TO LOW-RENT HOUSING IN THE DENVER METROPOLITAN AREA, WITHIN THE CITY OF ENGLE-WOOD. COUNCILMAN HARPER MOVED TO APPROVE COUNCIL BILL NO. 1, SERIES OF 1979 ON FIRST READING. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent : Council Members Harper, Clayton, Williams, Weber, Smith, Mann. None. Council Member Taylor. * * * * * * City Attorney Berardini explained the new Council Bill system he is introducing with 1979 ordinances. * * * * * * Rob e rt Brundage, 4140 South Huron, was present. Mr. Brundage is a member of the Career Service Board. He read a statement relating to the pay raises granted to non-emergency personnel as they relate to pay raises granted to City Admini- stration officials. He urged Council to rescind the 7% increase granted to top level management and replace it with a 6% raise, the same granted to non-emergency personnel • I • • ...... ( ( • • • •' .. J a n uary 2 , 1 979 Page 3 Councilman Smith stated that top le v el management per- sonnel do not receive an annual 5% merit increase as do all non- emergency personnel. In answer to Councilman Clayton's questions, Mr. Brunda g e said that no action is needed if pay increases granted to the two groups were equitable. * * * * * * Ethel Kelly, 3159 South University , was pre sent. Mrs. Kelly is a member of the Colorado Union of Taxpay e rs. She com- mented on the Council proposal to raise councilmember salaries. She asked that Council hold their increase to 7%. She expressed a concern for the cost of finge benefits granted to city employees. Council. Councilman Clayton commented on trips as a member of To clari fy an answer to Mrs. Kelly, City Manager McCown stated that the 6% pay increase granted non-emergency employees included finge benefits. * * * * * * John Criswell, 3780 South Broadway, was present to dis- cuss the law suit involving the City of Englewood, Martin Marietta, and Alfred Atchison. COUNCILMAN WEBER MOVED TO CONSIDER ITEM 7E OF THE AGENDA AT THIS TIME. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent : Council Members Harper, Clayton, Williams, Weber, Smith, Mann. None. Coun ci l Member Taylor. The Mayor P r o T ern declared the motion carried. Mr. Criswell explained briefly th e background of the proceedings revolving around the litigation. He recommended that Co u n ci l a g r ee to pay Mart i n Ma rietta ~750 ,000 which would bring the su i t to a conclusion out of court. Mr. Criswell stated that i f the law suit brought by Martin Marietta proceeded to the courts, the City wou l d have a 50-50 chance of winning. If the City won, they would owe nothing. If the City lost, they could be required to pay Mar t in Mari e tta i n e xcess of $2 ,000,000. In his opinion th i s was a satis fac tory compromise • I • - • • Janua ry 2, 19 7 9 Pag e 4 • • - RESOLUTION NO. 1 , SERIES OF 1979 AUTHORIZING AND DIRECTING THE DIRECTOR OF FINANCE OF THE CITY OF ENGLEWOOD TO PAY TO MARTIN MARIETTA CORPORATION THE SUM OF SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750 000) IN FULL AND COM- PLETE SETTLEMENT OF PRESENTLY PENDING LITIGATION. COUNCILMAN WEBER MOVED TO APPROVE RESOLUTION NO. 1, SERIES OF 1979, WITH THE FOLLOWING ADDITION TO BE INSERTED AS THE SECOND PARAGRAPH : WH EREAS, IN PREVIOUS PROCEEDINGS IN THAT LITIGATION BEFORE THE COLORADO SUPREME COURTS, IT HAS BEEN DETER- MINED THAT BOTH THE CITY OF ENGLEWOOD AND THE MARTIN MARIETTA CORPORATION ARE , COLLECTIVELY, LIABLE TO ALFRED ATCHISON FOR ALL DAMAGES SUSTAINED BY HIM AS A RESULT OF THE CITY'S CONVEYANCE IN 1967 OF CERTA I N REALTY TO MARTIN MARIETTA CORPORATION ; AND. Councilman Clayton seconded the motion. Upon a call of th e roll, the vote r e sulted as follows: Ay e s : Nays : Absent : Council Members Harper, Clayton, Williams, Weber, Smith, Mann. None . Council Member Taylor. Th e Mayor Pro Tern declared the motion carried. * * * * * * "Communications -No Action Recommended" were rec e i ve d without comme nt : (a) (b) (c ) (d) (e) Minutes of the meeting of Board of Adjust- ment and Appeals of November 8, 1978. Minutes of the me eting of City of Engl ewood Planning and Zoning Commission o f Novemb e r 14, 1978. Minutes o f the meet ing o f th e Englewood Publ ic Library Board of December 12 , 1978. Minutes of the council mee ting o f th e De nve r Regional Council of Governments of Novemb e r 15' 1978. Report from Marten D. Lathrop of the Plann ing and Zoning Commission, concerning meeting of the American Society of Planning Officials which he attended April 29 to May 5, 1978. * * * * * * • I • • ( ( • Jan uary 2, 1979 Page 5 ,. • • - City Attorney Berardini stated that he has not com- rleted the report requested by Councilman Smith relating to the Cinderella City Parking Agreement. COUNCILMAN SMITH MOVED TO POSTPONE AGENDA ITEM 6A, A REPORT FROM CITY ATTORNEY BERARDINI RELATING TO THE CINDERELLA CITY PARKING AGREEMENT, TO JANUARY 15, 1979. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent : Council Members Harper, Clayton, Williams, Weber, Smith, Mann. None. Council Member Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * COUNCILMAN WEBER MOVED TO RENEW THE 3.2 BEER LICENSES FOR SOUTHLAND CORPORATION DOING BUSINESS AS 7-ll STORES, 4400 SOUTH BROADWAY; KING SOOPERS 5050 SOUTH FEDERAL; AND SHOP-N-GO MARKET , 2901 SOUTH BROADWAY. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Absent: Council Members Harper, Clayton , Williams, Weber, Smith, Mann. None . Council Member Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN MANN BY AUTHORITY ORDINANCE NO. , SERIES OF 1978 AN ORDINANCE AMENDING CHAPTERS 3, 4, 6 , 7, AND 8, TITLE V, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED, RELATING TO PROBATIONARY APPOINTMENTS, SICK LEAVE, MATERNITY LEAVE, OFFICIAL HOLIDAYS, SALARY INCREASES, TUITION REFUNDS, HOURS OF WORK, OVERTIME WORK, LIFE AND HEALTH INSURANCE BENEFITS, FOR GENERAL CAREER SERVICE EMPLOYEES OF THE CITY OF ENGLEWOOD, COLORADO . • I • • • • January 2, 1979 Pag e 6 • • - COUNC ILMAN WEBER MOVED TO TABLE INDEFINITELY AGENDA ITEM 7A, AN ORDINANCE AMENDING CHAPTERS OF TITLE V OF THE 19 6 9 ENGLEWOOD MUNICIPAL CODE, AND DIRECT THE CITY ATTORNEY TO MAKE THE NECESSARY AMENDMENTS TO TITLE V AND TO PREPARE AN ORDINAN CE FOR THE JANUARY 15, 1979 MEETING APPROVING THE CONTRACT WITH THE CITY EMPLOYEES AND THE ORDINANCE SHOULD STATE THAT THE CON- TRACT IS EFFECTIVE AS OF JANUARY l, 1979. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Na y s : Absent : Council Members Harper, Clayton, Willi a ms, Weber, Smith, Mann. None. Council Member Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMEN MANN AND WILLIAMS BY AUTHORITY ORDINANCE NO. l, SERIES OF 1979 AN ORDINANCE AMENDING SECTION 41, CHAPTER 4, TITLE I, OF ARTICLE IV, ENTITLED "COUNCIL SALARIES" BY INCREASING SAID SALARIES FOR FUTURE MEMBERS OF THE EN GLEWOOD CITY COUNCIL, TO BECOME EFFECTIV E DURING SAID COUNCIL TERM COMMENCING AT 7 :30 P.M. ON THE FIRST MONDAY AFTER JANUARY l, 1980. COUNCIL~~N WILLIAMS MOVED TO APPROVE ORDINANCE NO. l, SERIES OF 1979. Councilman Smith seconded the motion . Councilman Smith stated that lack of adequate pay for councilmembers eliminates possible candidates because they can't afford the job. The Council job requires a great deal of time away from on e 's j ob. For many who may be paid on an hourly bas is, lack of Council pay is a disincentive. Mr. Smith said that he had contacted 96 of his constituents, and only two were not in favo r of this ordinance. Mr. Smith further pointed out that Cou nc il 's recent mill levy reduction would pay for the Council pay rais es for seven years. Councilman Weber urged defeat of the ordinance. Coun- cil participation is community service and a citizen obligation . Currently, the $2,400 made by Councilmembers should more than cover lost job time. In response to Councilman Smith's statement relating to t he pay of Denver Councilmembers, Mr. Weber stated • I • ( • January 2, 1979 Page 7 • • - that the comparison is not valid because Denver Councilmembers do more and have more responsibilities than Englewood Council-members. Councilman Williams stated that all Councilmembers are not making $200 per month. Councilman Harper stated that he would vote against the ordinance but would be willing to consider a 7% increase. The City has an obligation to stay within the Presidential guide-lines. Councilman Clayton stated that Councilmember pay is behind many seven percents not received in previous years. This pay increase will make Council membership available to many who would otherwise not be able to participate. Upon a call of the roll, the vote resulted as Ayes : Council Members Clayton, Williams, Mann. Nays : Council Members Weber, Harper. Absent : Council Member Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON BY AUTHORITY ORDINANCE NO. 2, SERIES OF 1979 follows: Smith, AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE COUNTY OF ARAPAHOE, CITIES OF LITTLETON, SHERIDAN AND CHERRY HILLS VILLAGE, COLORADO, RELATING TO THE USE OF THE ANIMAL SHELTER FACILITIES WITHIN THE CITY OF ENGLEWOOD, COLORADO. COUNCILMAN CLAYTON MOVED TO APPROVE ORDINANCE NO. 2, SERIES OF 1979. Councilman Harper seconded the motion. Upon a call of the roll , the vote resu l ted as follows: Ayes : Nays : Abs e nt : Council Members Harper, Clayton, Williams, Weber, Smith, Mann. None. Council Member Taylor. • D I • • January 2 , 1979 Page 8 • • • The l'iayor Pro Tern d e clared the motion carr ied. * * * * * * City Attorney Be rardini pres e nted an up da t e of activi- t i es o f the City Attor ney 's office. Councilrnembers i n d i c a ted th ey had n o t received t h e fi le to which l'ir. Be rardin i wa s r efer- ring. Mr. Be rard i n i stated that he would insure f uture files were forwarded t o the Council. * * * * * * City Manager McCown stated that he had received a r e - quest from the Animal Control Committee f or a recording secre tary . Mr. McCown requested direction from City Council. COUNCI LMAN CLAYTON MOVED TO DIRECT THE CITY STAFF TO PROVIDE A RECORDING SECRETARY FOR THE ANIMAL CONTROL COMMITTEE. Councilman Williams seconded the motion. Upon a call of th e roll , the vote resulted as follows : Ayes : Nays: Absent : Council Members Harper, Clayton, Williams, Weber, Smith, Mann. None. Council Member Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN. Mayor Pro Tern Mann ad j ourn ed t h e meet i n g without a vote at 8 :58 p.m. Clerk J ohan nisson _______ _ • I • • r ( ( • 7:30 P .M. l. • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL JANUARY 2, 1979 Call to order , invocation by Rev . William Mantei, Cen tenni a l Lutheran, 3595 W. Belleview, pledge of allegiance by Boy Scout Troop #92 and roll call . Minutes . (a ) Minutes of the regular meeting of December 18, 1978 . (Copies will be transmit t ed on December 29, 1978.) 2. Pre-Scheduled Visitors. 3. --- 4. Representative of the Housin g Authority to address Council relative to a Cooperation Agreement between t he Englewoo d Housing Author- ity and the City of Englewood . (See item 7c .) (Copies of me mo from Englewood Ho using Au thor- ity attached.) Other Vis i tors. 1.1•'4-.. '"'" ~'f o- ' i:,6 ~~...._.. E . ~&u.·.v JJ. -. . E tw-,A 14.{\'1. Public Hea r ing . ~ ~ (a) None • I . - • • • • 1 Page 2 ( ( • Ag enda for the Meeting of January 2, 1978 5 . Communications -No Action Recommended . (a) Minutes of the meeting of Board of Adjust- ment and Appeals of November 8, 1978. (Copies enclosed .) (b) Minutes of the mee ting of City of Englewood Planning and Zo ning Commission of November 14, 1978 . (Copies enclosed.) (c) Mi nutes of the meeting of the Englewood Public Library Board of December 12, 1978 . (Copies enclosed.) (d) Minutes of the Council meeting of the Denver Regional Council of Governments of November 15, 1978 . (Copies enclosed.) (e) Report from Marten E. Lathrop of the Planning and Zoning Commission, concerning meeting of the Ame rican Society of Planning Officials which he attended April 29 to May 5, 1978. (Copies enclosed .) 6. Communications -Action Recommended . (a) Report from Bernard V. Berardini, City Attorney, with reference to e xtension of Parking Agreement at Cinder ella City. (o~~) (b) Request for annual renewal of 3.2 Beer Retail License for 7 -11 Stor es -S o uthland Corporation, 4400 S. Broadwa y . (Co pies enclosed.) (c) Request for annual renewal o f 3.2 Beer Retail License for King Soopers, 505 0 S. Federal Blvd . (Copies enclosed .) (d) Request for annual renewal of 3 .2 Beer Retail License for Shop N Go Market #1031, 2901 S. Broadway . (Copies enclosed .) 7. City Attorney . Ordinances on Final Reading . (a) An Ordinance authori z ing amending Chapters 3, 4, 6, 7 & 8, Title V of 1969 E.M.C. relating to probationary appointments, sick leave , maternity leave, official holidays, salary increases, tuition refund , hours of work , li fe and health insurance benefits for genera l Career Service Employees of the City of Englewood. (Copies enclo s ed .) • I • - • • • • • Page 3 Ag enda f or the Meeting of January 2 , 1 9 78 7. City Attorney . (cont .) (b) Ordinance Amending Section 41 , Chapter 4, Title I, of Article IV, Entitled "Counc il Salaries" by Increasing Said Salaries f or Future Members of the Englewood City Counci l to Become Effective During Said Council Term Commencing at 7:30P .M. on the First Monday after January 1, 1980. (Copies en- closed .) Ordinance Approving a contract between the City of Englewood, Colorado, and the County o f Arapahoe, Cities of Littleton, Sheridan and Cherr y Hills Village, Colorado, relating to the use o f the Animal Shelter Facilities within the Ci ty of Englewood , Colorado . (Copies enclosed .) Bills for Ordinances. (d) Bill for an Ordinance approving a coopera tion agreement between Englewood Housing Authori ty and the City of Englewood . (Copies enclosed .) Resolutions . j.e-) None fll_,, tv: v Luw. ·.lk ~. ·~ ( ) .:L A i '"~-r + .C.-.-!_..,'\.4--....... C-v-- Other Matters. (f) Attorney's Choice . 8. City Manager . (a) None (b) Manager's Choice. 9 . General Discussion. (a) Mayor's Choice . (b) Councilman's Choice . 10. Adjournment. . ~ li lt }~~---(; tc/l-7'14Y J E. URNES Acting Ci y lianager • --. I • • • - CITY <X>mCIL 1'1EE TING .JanuarJ 2, 1979 ORDIHA<-ICE ;'f /, ~' 3, 4, 5, KZSOLUTI0.-1 ,., I 2' 3' 4' 5' • 0 I . • • • --- t~O LL CALL I , .I J ' .' !.-1})'- 7?,; v/ 1Z- Ave N~ s a I Moved Sec~nded .l Wif1 t?or-=;·-:::-: __ ~T -~ ·~ 2.~· ---==-·+ __L -~ttl:.~ ~ -Cl~ton J .L -, Mann 1 _r. l l _!!a:~~r T~J~1 .:u Ab t 1n Absent ~ -I -~ ------------- I . • • • - • • ' )~ Moved Sec~nded I Wi 1' ~-;..-:.·--_TAve Nav Abstain Absent o? .• ·' I ' lol .. h.. -· ·- X :>m rtr, j_ X" liaro~-~-' Clavton I Mann • I ~~.!: ra1J:u }( k ~ ' ~~ \ ~;y~ 1~1 pro. o ""'& L ~)._ l)r>r:.-5zf'-fz.. 'M <A< p ./('1 • • I . • • • • • h -(~I Moved Sec~lndf.'d Ave N~ Absta n Absent _l Wil, f i'r."~--~-~T "-+=-,.---:.o=....-r-__;_;;::,:_;"'-",--.::~=.;.;=----, 1 _W~bPr r-----~~------~~~,m~llt~.~~.------lr-r-;---~--------;---------4 ~~~-+--~~---+-~~-0~~-~~-----+·~~~----~-------r--------~ K Clayton J _j • I . • • • . ~~~ H ed S dd ov ec~n e Ave Nay Abstain Absent Wi 11 f?r.-~--=-~~ -~T "7 x ' W<>bPr ----"Smffr,-1 ~ _\Z Jia~-.:t-· ' / Clavton ' / Mann ___ i-----::::.. 1la_y ~,. Ta_Y.)_~!:_J_ .7 /1 ~ ck 17 ,-t.~'i-- tjita-ufi-7<--~ /~ ~.,__,J ( ~ ~ ti.-~uT.-~ 1J"'. . ~' ~ U J Jv ~ ~ 7<% ~,(__ a-~. c:; '% r/-e. (~tvy-- Wu-&-.._ ~~ ..,_:. ~ ~ ~ -~'I ( 5f1( ~~ ~ Jd &-"lo 1\M.-r ~i 11A-4-ru_1 ~ ~_!_A I.(~u. I . ~ ~ il 'Z-1. ,..( ~.£; ... ...,___ ,';-l~6iwy 1-- -( ?-"-? .. .d J..(,_ • - • Moved Seconded I Wi 1 , ~ ?r:-"":;·-~ ~T 1 WPhPr ·~miTr, ._ . .1 Hi!rDtt_<.f-I Clayton I Mann ! Ma ;~~r Ta ~)~TC:l ~k:U{\ ~1$1 l) ~<w-~ I ,.J.uv..(!.d ~~ ~ /__..,. 7 ~7, A-d~ +-: •f ") ">....J-~~ .{~.._;( • • • •. A ve Nav Abstain Absent I . • - • • H ed S d d OY ec'ln t' ve ~ s a n e .l wi f~ ?~-:;~ -T L 0 ..webe..r:_ A N Ab t f Abs nt ~"!..!!(, ~--~ .J.L. ...1:1Am~-t:: Cl~ton l .(' Mann : .!!_a.v or Ta y]_~u X.. ~ ... <-vu.-( ~7 ~ J..<..<J~ lr"--<.A i ~A. • • I . • • - • • -~--· ?-I Moved Sec~nded j w i ,~--~-----~ Nay Abstain Absent X: I ,?r.., --·•• / ' WPhPr ,..- :,mltr, l / ..Ha.r~~L ~-I -~ Clayton I ./ Mann ' ,....--Ma :~~.!:. ra10_:u X" k.-.J ~(~~ ('-~,;....,r~..,.__ r-61 ~Jft-_ 0 • I . • • • • • • ~( H ed S d d ov ec'Jn e ve ~ s a n sen wif11?i.~---··r-v 1 _.Weber ----.-~ ~ ~llll_YI l v Haroltl:__ ·--l .::::.. ..25;:. Cl itl'_ton j ~ Mann 1 ..:L !!._a.v«?r r~r~.c.l .6 A N Ab t f Ab t I . • • • • t~O LL CALL H eel S d d OY ec-:>n e ve Nay Abstain Absent I wi 1 , ~ ?r.--:.·-~-:r r ~ ' W'!bf!r -~m_1_tr, I --~---~ _Haro~ I ,Y Cla_.iton _f / Hann ! .--- r-:a_~~~ rcu~,~~u--- A I . . • • • • ---:!::~-=---,----------------. l Wi f ' 'f ?;,.-.~----., ~ av Absta 1n Absent ').( ' _wf!b;;:---.. -/ _smrrr. .1 / ---.){ ...HRott._ I / .i4k Clayton I / Mann 1 / Ma:~!'r r~~l:u .......-- , • • I . • • • • • • • • t?llLL CALL -- Moved Sec~nd~d X A Wf11< -:.---·D Nay I ,?r.-., I w,.h .. r -··-·- X !inl!_t r, l .r Haro~rr._ -I Clavton I Mann ' Jla .~~r ra_yJ~u ], tl 9 _, /.-v-· (1,, -fv...v ( ,_/ ~ L - "-'?"- • Abstain Absent --'~"' , r I . • • - • • ---- t10LL CALL ---= Hoved Sec:~ndeod Ave Nav Abstain Absent I Wf1'ii'r.-:"";; ___ -T I __ill~b;;----- s-mrrr, -T Hiro~t~:_ I Clavton I i Hann 1 T Mayor r~r:u ~ 7% "? f''l v't LMA-""> (JU<-n.. ":. ~( <' ( 'i '(.< •&• (,ttl-; ( 0 I I . • • • • t1ull CALL Wi 1 , .--:.---~~ Na..r. Abstain Abs@nt • ,?r--\ ·~er ~ ..£ _l .::."!.!t r, l L.. .£ Jiaro~ -~ ·~-/ Cla_yton I~ Mann I " l'oa.~~.!:.3J:~-..... 1 --;:.---- jlq t~'i<A.-f L /1 £-ft-< 'i4 f , I . • • • - • • (" I ~~ (( ,, I cf !--' " l+v.--{ "l ( S d d A "' ed ov ec'Jn e ve ~ s a n sen .2S.. J. w; 1 , ~ "r.-,·-=· ~T --.Y.::: ' ..weber v Ab t ~II!!.¥· -l 2::: Jilnf:.L I .JL... X Cl<U'_ton J. ...JL Mann i ~ ~a.~~.!:. r~:r:u. ..L!C_ - 0 • I . • • • - • ( • RffiULAR MEETING : • • • comcn.. rnAJI'EERS CI'IY OF ENGL&ICOD , CXJLO.RADO December 18 , 1978 'Ihe City Council o f the City of Englewood , Arapahoe Co un ty , Colorado , rret in regular session on Decerrber 18 , 197 8, at 7 : 3J p .m. 'Ihe invocation was given by Reverend S tanley Fixter , Englewood Uni ed !lethodist Olurch , 3885 South Broadway . 'Ihe Pledge o f Al legiance was le by Boy Scout Troop #154 . Mayor Taylor asked f o r roll call. Upon a call of the roll , the f ol ow-ing were present: Council IIE.mbers Smith , Harper , Clayton , M:mn , Web er , Taylor . Absent : Council ~rrber Willia.m3 . 'Ihe Mayor declared a quo rum present . * * * * * * Also present we r e : City Mmaeer McCown Assistant City ~r Curnes ClLy 1\llo rney I3et·;.u~U l Di ctor of Finance/City Clerk J . , s . * * * * * * COUNCILMAN SMITI·I f'II)VED '10 APPIDVE TilE MINl!lliS 0!•' 'DiE 'PCX:J AL OF' Dtx;EmER 5 , 1978 . Councilman Ha.Jll e r seconded the rrotion . the roll , the vote resulted as follows : Ayes: Council fli=mbers Smith , Hffiller , Clayton , Mann , Weber , 'l'aylor . Nays : None Absent : Council !~ember Willia.m3 'Ihe May or declared the notion carried . * * * * * * OJUNCII1>1AN SMI'll! MOVED '10 APPIDVE 'IHE MINl!lES OF 'lliE SPEJ:IAL f'IIEEI'ING OF ffiCEM3ER ll, 1978 . Councilman Weber seconded the rrotion . Upon a call of the roll , the vote resulte d as follows : • I • ( • • • .. • Decemb e r 18, 1978 Page 2 Ayes : Council r~mbers mith , Harper , Clayton , Mann , We be r , Taylor . Nays : None Absent: Council M:!mber Williai!l3 The May or declared the motio n carrie d . * * * * * * Pre-scheduled visitor Gerri Von Frellick , New Englewood , Lt . , was present and discussed thE: extension of parking agreeiTEnt f o r Ci nderella Ci ty Shopping Ce nter . Mr . Vo n Frelli ck requeste d that the Co un cil reconsi r Lhc parking agreeiTEnt wi th a term o f expiration of 99 years ins tead o f the p roposed 50 year term. In response to Councilman Smith 's question , Mr . Von F'rellick stated that he could not think of any other use of the area contained in the agree rrcn t other than for parking . Also , Mr. Von Frellick stated that in order t o obtain secondary financing that the l onger t e rm ( 99 years) lease was nece sary . COUNCIIJ11AN HARPER JlrlVED TO RECONSI DER EX'lE ION OP PARK I NG ADRE OC NI' FOR CINDERELLA CITY . Councilman Mann seconded the mo t i on . Upon a cal o f t h e roll , t h e vo te resulte d as f ollows : Ayes : Council M:!mbers Smith , Harper , Clayton , Mann , \-Ieber , 'I'c~YlOJ·. Nays : Non e Abs ent : Council M:!mber Williams The Mayor declare d the motion c arried . COUNCILMAN SMI'IH MJVED TO POS TPO NE ACTI ON ON 'TI IE PARK ING 1\L:REEMEI,I J' FOR CI NDERELLA CITY UNTIL JANUARY 2 , 1979 , AND DIRB:'IED 'IHAT 'Il-!E CITY 1\TIORiiJEY OBTAIN t1A'IERIALS RELEVAN? TO 'lliiS AGREEMENT' 'IHAT MAY NOT HAVE 13EEN PREVIO LY AVAILABLE AND TO I:E1'ERMINE 'Il-!E CITY 'S UABILITY I N 'lliE LBE OF SAI D AREA CO - TAINED IN 'Il-!E AGRED1ENI'. Co un cilman Mann s econded the mo t i on . Upon a call o r the roll , the vote resulted as f o llows : Ayes: Council M:!mbers Smith , Harper , Clayton, Mann , Weber , Tay or . Nays : None Absent : Council M:!mber Williai!l3 . The Mayor declared the motion carried . * * * * * * • , I • - ( • December 18 , 1978 Page 3 • • • Pre-scheduled visitor Gary Copp , President o f Casual Lo 1e;e , nc ., 65 West Floyd Avenue , was present requesting l!Ddification o f liquor lice e to premises . COUNCIU1AN MANN II[)VED 'ID APPOOVE II[)DIFIC ATIO OF PREMISES FDR CA;:;UAL LOUNGE , INC ., 65 WEST FIDYD . Councilman Web er seconded the llD tio . Upon · eall of the roll , the vote resulted as fol lows : Ayes: Counc i l lverrbers mith , Harpe r , Clayton , Maru , W bel", 'l'" y oc . Nays : None Absent : Council JVerrb er Wi liarrs The Mayor declared the motion carried . ****** Other Visitor Earl Ladewig , 01ainnan of the Retirerrent oar , appea before Council requesting that a bill for an o rdinance relating to changes to the retirerrent system be postponed until the Reti rerrent Board had an oppor•tunity to review the bill . ln response t o Ci ty Mana ger McCown 's question , Mr . LadL'Wi !~ :;LaL•·d Lll:tt rrerrbers of the Englewood Errployees Association had contacted him and e xp sse concern o f having the Director o f Finance a voting rrerrb er o f he Board . COUNCILMAN WEB ER II[)VED 'Il!AT Ti lE BTU" foDR 1\N ORDTNNJCE REI./\TI t¥; ' AMENDI!'KJ CERI'AIN PIDVISIONS OF 'lHE RETIREMENI' PLAN BE II[)VED FD~ARD ON TilE AGENDA. Councilman mith seconded the l!Dtion . Upon a call o r the roll , LIK' vote resulted as follows: Ayes : Council JVerrbers Smith , Harper, Clayto n , Mann , We b er , Ta,ylor Nays : None Absent : Council JVerrtler Williams . The Mayor declared the motion carried . COUNCILMAN WEBER fYDVED 'IHAT 'lliE BilL FOR AN ORDI NAN CE RELATll'KJ '1 AMENDI!'KJ CERI'AIN PIDVISIONS OF 'lliE RETiffiMENI' PLAN BE POSTPONED UNTIL JAi>JUAR'l' 15 , 1979 , COUNCIL MEEI'ING . Councilman Harper seconded the l!Dtion . Upon a eall o r the roll , the vote resulted as follows : Ayes: Council JVerrtl ers Smith , Harper , Clayton , Mann , Weber , Taylor Nays : None Absent : Council Member Williams . The Mayor declared the l!Dtion carried . I I I I I I • I • • c ( • December 18 , 1978 Page 4 • • • Other Vis itor Eugene Norman , 3861 South Logan , was presen to gi vc Hol iday Greeting . * * * * * * Ruth Allen , representing the League of Worren Voters , was present- requesting that the Coun c il consider why people run for office an var~o boards and corrrnissions b efore the Council takes final action on in r · lng Counc ilman salaries to be effective January 1 , 1980 . * * * * * * "ColTJ1'A.Irlications -No Action Fecormended" on the · enda were r cei ve (a) Financ ial report for Noverrtler , 197 8 . ****** INI'RODUCED AS A BilL BY COUNCII.JIEN MANN AND WILLIAMS BY Al.JlliORITY ORDINANCE NO . 49 , SERIES OF 1978 AN ORDI NANCE AMENDING vEC'ITON 41 , Q lAPlliR 4 , TITLE I , Ol•' AJ{ 'lCLE 1 • t·:N '1'1' ~U "COUNCIL SALARIES " BY INCREASING SAID SALARIES FOR F\Jl'URE JI'EM3ERS OF TI1 · ENGLDJOOD CITY COUNCIL , 'IO BECOME EFI;oc:CTIVE DURING AID COUNCIL 'IERr1 COMME Cl NC: AT 7 :30 P .M. ON 'IHE FIRST JIONDAY AFTER JANUARY 1 , 1980 . COUNCILMAN MANN MJVED 'IO PASS ORDINANCE 0 . 49 , ERIES OF 1 78 ON FINAL READING . Councilman Clayton seconded the rrotion . Co uncilman We b er stated that re i s request-ing U1al llle Councl e l'e;,tl this bill because c itizens in the comnunity are willing to serve without finan c1:1l renwreration and it i s hls l'e e l.ing lhal lh.is .is lhe way ll slloulcJ L>e . Co un cl.l.JIIi.lli We ber stated we are here to serve the interest of the conrnunity . Co w1 Hman We b er o l'f'ered a corrpn:mtlse or '(% whl<.:h .is .in lhe gu.icJel .ine · e::;lu.L>l.isl•ecJ L>y the Presiden t for wage and price controls . Councilman Smith stated that considerable tirre is require to serve as a co uncilman and that this could rrean a loss of considerable incorre to sorre individuals . Tills may discourage citizens from running for Council because of potential financial loss that could affect not only themselves bu rrerr b c rs o f their family . Councilman Smith stated that he felt there needs t o b~ balance in this s ystem. • I • • • t ( • December 18, 1978 Page 5 • • • CDUNCIIJ.1AN SMI'lli MJVED TO AMEND ORDINANCE NO . 49 , SERI · OF 1 78 , BY CHANGII'll 'lliE SALARIES 'IO: OOUNCIIMAN $300 ; MAYOR Pffi 'IEM $350 ; MAYOR $ 00 . Counc ilman Clayton seconded the motion . Counc ilman Clayton stated that it is not possible f o r sorre citi zem in the conrnunity to run for office because they cannot afford it if elected to office because of loss of personal incorre wh ile serving on the Co w1c i . Counc ilman Harp er stated money i s not a maj o r facto r i n runni ng for office and that there is no amount of money tha will pay for serving he community as a councilman . Also , raising the salaries o f co un cilrre n wi ll no encourage more people to run . Councilman Harper stated he ml.ght s est a salary increase wi th an average 7% o ver four years . Upon the call o f the roll f or the arrended motion , the vote res he as follows : Ayes : Council ll'k=rri:lers Smith , Clayto n , M:mn . Nays : Council r~CrrtJcrs Web e r , llarpe r , T'cJylor . Abs e n t : Co un cil r'Erri:ler Williams . 'lhe May or declared the mo tion defeated . CDUNCIIJ.1AN MANN MJVED 'IO POSTroNE ORDINANCE NO . 49 , ERI · 01 •' 1 '(8 ON FI NAL READING UNTIL JANUARY 2 , 1979 . Councilman Web er second e d the mo i on . Upon a call of the roll , the vote resulted as follows : Ayes : Council M:!mbers Sml. th , Harper , Clayton , Mann . Nays : Council ll'k=mbers Weber, Taylor . Ab sent : Council ll'k=rri:ler Wllliarrs . 'lhe Mayor dec la.r'<:.'<l the rrotlon carried . * * * * * * Mayor Taylor declared a 15-ml.nute recess at 9 :10p .m. ****** Mayor T".,ylor asked for roll call. Upon a c all o f the roll , the followi ng merrbers were present at 9:25 p .m. Council ll'k=rrb ers Smith , Harper , Clayton , Mann , Weber , Taylor . Absent: Council ll'k=rrb er Williams. 'lhe Mayor d eclared a quorum present . ****** • I • ( • • • • December 18 , 1978 Page 6 IN'IIDDUCED AS A BILL BY COUNCILMAN CLAY'IDN A BILL FOR AN ORDINANCE APPROVII'K} A CONTRAcr BE'IWEEN 'IHE CITY OF ENGLEWCOD , COLO , AND 'IHE COUNTY OF ARAP AHOE , CmES OF LI'ITIEIDN , SHERIDAN A..\JD CHERRY HillS VILLAGE , COLORAIXJ , RELATING 'ID 'IHE USE OF 'IHE ANIMJ\1 HELTER F'ACJLI'I"f WJ TIIIN 'IHE CITY OF ENGLEWOOD . City Manager McCown reviewed this ordinance stating i t wi l authorize the City to enter into agreements with certain other governmental agencies to provide them w1 th an animal pound for certain fees an charges . City Manage r McCown further stated the agreements contain a provision for mandatory ne ter- ing dog;:; adopted . City Manager McCown expressed concern over mandatory neutering . He further stated that the section on neutering in t his bill be deleted . COUNCilMAN HARPER MJVED 'IHAT 111E SECTION lN lliE l::llLL REQUlRlNG MAliDA'IDRY NEt!IERING OF SMALL ANIMALS BE [fl.ETED FROM 'IH E BILL . Councj J.m::ln Weber seconded the motiGn . Upon the call of the roll for arrendment relating to mandatory nc uLe r·i nc;, Lh c vote rc::;u I Lf'd a.:; r ollow::.;: Ayes : Cot.ncil I'Trrbers Smith , Harpe r , Mann , Web r , 'J'<.zylor . Nays : Council r'lernber Clayton . Absent : Council Member Williarrs . The Mayor declared the motion carried . COUNCILI\1/\N CLAY'IDN I"()VED !'DR Pl\.SSAGE OF' 'IIIE lllLL ON l•'IR ;'l' 111 ·:1\DIIIX:. Councilman Mann seconded the motion . Upon the call of the original rrotion , the vote resulted as follows: Ayes: Council Merrbers Harper , Mann . Nays : Council Merrt>ers Smith , Clayton , Weber, Taylo r . Absent : Council Member Williarrs . 'Ihe Mayo r declared the motion defeated. Councilman Weber stated that the City should be making money on providing these ser vices and not just breaking even or losing roney . He further suggested that the City renegotiate the contracts in or er ror the City to earn some rate of return • • I • December 18 , 1978 Page 7 • • • Councilman Smith stated that Englewood provides servi ces to other governrrents without return consideration to Englewood on particular issue · concerning our City . OOUNCILMAN MANN JIOVED 'ID OONI'ACI' 'IHE ENI'ITIE.S I NVOLVED AND RENEGO- TIATE 'IHE AGREEJvlENIS AND ALSO OBTAIN INPUT FroM 'IHE ANIMAL OONI'ffiL COMMl TIEE . Councilman Smith seconded the motion . COUNCILMAN WEBER IIVVED 'IO RECONSIDER 'IHE BILL BEFDRE CCUNCIL fG AMENDED . Councilman Harper seconded the motion . Councilman Weber stated that the Council should carefully look at this agreerrent and other services provided by Englewood , but lhe CHy oe:> have to have cooperation with other bordering c ities . Councilman Mann stated he still had concerns about not h a vinp; r o r legislation such as this revie~~1ed by the City 's corrmittees , in pCl!'ticu.Lar for this issue the City 's Animal Control Committee . Q:Jon the call of the roll for a rroti on to reconsi e r the b i ll , lhe vote resulted as follows : Ay es : Council M:!ooers Smith , Harper , Clayton , I-i e ber. Nays : Council Merrbers Mann , Taylo r . Absent : Council M:!mber William:>. 'lhe Mayor declared the mo tion carried . Upon the call of roll to pass the bill as arrended , he vote resul terJ as follows : Ayes: Council M:!mbers Web er, Harper , Taylor . Nays : Council IVCmbers Smith , Clayton , M:.lnn . Abs ent : Council IVCrrber Wlllirurs . 'lhe May o r d ec lared the rrotlon defcalc d . COUNCI LMAN SMI'lli JIOVED 'DiE OOUNCIL DIRECT 'Tim CITY S 'J'AW 'ID RENl·r :O- TIA'IE 'IHE ANIMAL SH.EL'IER OONTRACT.3 WI'IH EIDlXJH JIO!fu"Y IN 'lliE OONI'RAC'IS 'IO ~'lAKE IT ECONOMICALLY FEASffiiE FOR 'IHE CITY OF ENGLEWOOD . Councilman Clayton seconded the motion . T..Pon the call of the roll , the vote resulted as follows : Ayes: Council Ment>ers Smith , Harper , Clayton , Mann , Web er , Taylor. Nays : None . Absent : Council Member ~lilliam:>. • • I • • • • - December 18 , 1978 ( PageS ( • COUNCilMAN CLAY'IDN MJVED '!HAT 'lliE CDUNCIL EX'IEND ALL EXISTI G CDNTRACI'S AT 'lliE ANIMAL SHEL'IER UNTIL JANUARY 16 , 19 79 . CoW1cilman Mann seconded the ITOt i on. Upon the call of the roll, the vote resulted as follows : Ayes : Council MerrtJers Clayton , M:mn . Nays: CoW1cil J'lerrtJers Smith , Harper , Web e r , Taylor Absent : Council MerrtJer Williams . OOUNCII.MAN SMI'IH MJVED 'ID PJVEND 'lliE BILL WI'IH AN APRIL 1 , 1 7 , EXPIRATION DA'IE . CoW1cilman Weber seconded the rrotion . Upon the call or the roll , the vote resulted as follows : Ayes : CoW1cil J'lerrtJers Sm1 th , Harper, Mann , Weber . Tayl or. Nays: CoW1cil MerrtJer Clayton . Absent : Council MerrtJer Williams . The Mayor declared the motion carried . COUNCILMAN SMI'IH MOVED 'ID !V£0 IffiR 'Il!E BILL fi.S 1\MENffiD. CoLU ,c;j l - man Weber seconded the ITOtion. t.pon the call o f the roll , the vote resulted as follows : !\yes : CoW1cil IVbrrtJers Smith , llarper , Clnylon , Mi.lftll , Wr·b•••·, T:.yl<ll'. Nays : Non e . Absent : Co W1 cil J'lerrtJer Williams . Th e May or declared t h e rro tion mrri ed . ****** INTIDDUCED AS A BILL BY CDUNCIIMAN A BilL FOR AN ORDI NANCE AMENDING SEX;TION 4 , CHAPl'ER ll, OF TI'ILE XI , OF 'lliE '69 ENGIEW MUNICIPAL OOIE , IMPOSING A MINIMLr-1 FEE FOR 'IHE AIDPTION OP ANIMALS POR '!.liE CITY ANIJI1AL SHEL'IER AND REQUIRING 'IHE MANDA'roRY NElJIERING AND CURRENl' RN3m; VACCINATION ON ALL SUCH Al'UMAIB ADJ?I'ED FroM SAID SHEL'IER . • I • - • • • • December 18, 1978 ( Page 9 ( • OOUNCIIMAN MANi~ MJVED 'ID P 'IPONE 'IHE BilL UNTIL Fl. 'T MEETli G [N 14AI\Ctl OF 1979 AND REFER 'lliE BILL 'ID 'lliE ANI~1AL OONI'RJL OOMMITIEE . Co rcilman Weber seconded the mtion . l.pon the call of the roll , the vo e res ted follows : Ayes : Council M=mbers Smith , Harper , Clayton , l'larm , Weber , Taylor . Nays : None . Absent : Council Member Williams . The Mayor declared the mtion carried . ****** RESOLUTION NO . 66 , SERIES OF 1978 A RESOLUTION INDICATING 'lliE SUPPORT OF 'lliE CITY OF E GLEl100D , OOLORADJ , i• R 'lliE RETENTION OF I.J:MRY AIR FDRCE BASE IN 'IHE OOMMUNI'IY . OOUNCilliAN WEBER M:lVED FOR PASSAGE OF RESOLUTI ON NO . 66 , ~EfUf.': 01 •' 1978. Counci lman Mann seconded the rrotion . Upon the call o f the roll , t h e v o te resulted as follows : Ayes : Council M=rrtlers mllh , llar'J)er, Claylon , Mann , We i.Jer, 'l'uylur ·. Nays : No ne . Absent : Council Merri:Jer Williams . Th e Mayor declared the mtion carried . ****** RESOLUTION NO . 67 , SERIES OJ•' 1978 . 1\ RESOLUTION ESTABUSHING ANNUAL SALARIES FDR TI!E CITI MANAGER , Cl 'I'Y II' 'lOHNi\Y AND MUNICIPAL COURT JUDJE AND ASSOCIA'IE JUDGES FDR 'IHE CALEr'IDAR YEAR 1979 . COUNCilliAN WEBER MOVED FOR PASSAGE OF RESOLUTION ·o . 67 , ERl '" OF 1978 , AND TO INSERT THE FOLLOWI NG SALARIES IN TI-lE RESOLl!riON : CJ'IY Ml\j A 'ER - $35 ,845 ; CITY AT'IDR-JEY -$33 ,384 ; MUNICIPAL OOURI' JUDGE -$29 ,425 ; A; OClA~E JUDGE -$250 PER DAY . Councilman Harper seconded the mtion . Upon the call of the roll , the vote resulte d as fullows: Ayes: CoLncil ~'E mbers Smith , Harper , Clayton , Mann , Webe !', Taylor·. Nays: None . ABSENI': Council M=mber Wi lliams • • I • - ( • ( • • • • December 18 , 1978 Page 10 City Attorney Berardini requested that the Council au h ori ze a rip to San Diego , California, to attend a course offered in conjunction wi th he Un iversity of Maryland relating to labor relations in the public sector . COUNCILMAN WEBER MJVED 'IO APPRJVE 'IHE OUT-OF-STATE TRIP !'DR 'IH E C['IY ATIDRNEY . Comcilman Smith seconded the llDtion . Upon the call of the ro 1 , the vote resulted as follows : Ayes : Council ~\'Embers Smith , Harper, Clayton , Mann , Weber , Taylo r . Nays : None . Absent : Comcil Member \olillian5 . The Mayor declared the motion carried . * ***** RESOLUTION NO . 68 , SERIES OF 1978 A RESOLUTION ESTABLISHING FEES AND CHARGES FOR 'IHE ENGLEWOOD MUNIC IPAL GOLl•' COURSE . OOLJI'K:ILMAN WEI3Efl MJVED 1•011 PK;:.;/\GE OJ•' ru,;::;oLLJl'JON NO . Go , . :J·:Jill·:: <W 1978 TO BE EFFECTIVE JJ\NUARY 1 , 1979 . Councilman Smith seconded the mollon . Upon the call of the roll the vote resulted as follows : Ayes : Comcil ~'embers Smith , Harper, Clayton , Mann , We ber, 'raylor . Nays : None . Absent : Council M=mber Wi lliams . The Mayor declared the !lDtion carried . ****** Rl:BOLLJrlON NO. 69 , SERl.ES Ofo' 19'(8 A · OLlJriON AMEND!!'(; '!HE 1978 GENERAL , PUBLIC IMPRJVEMENr , ..,J:MER AJJD OOLI •' OOURSE FUNI:6 BUOOETS • OOUNCII11AN HARPER M:JVED FOR PASSAGE OF ffiSOLUTION NO . 69 , SERlE' 01 •' 1978 . Councilman Mann seconded the !lDtion. Upon the call of the roll , the vot e resulted as follows : Ayes : Cotncil MerrtJers Smith , Harper, Clayton , Mann , We b er, Taylor. Nays : None . Absent : ColJ'lcil MerrtJer Willian5 . • I • ( ( • • • • Lecerrber 18, 1978 Page ll The Mayor declared the motion carried . ****** City Manager McCown stated the City 's Corrmuni y Leveloprrent Depart- ment is apply1ng for funds under the Lepartrrent of Housing and Urban velop- rrent (HUD). 'lhe City is apply1ng for a grant of $150 ,000 for hous ing rehabili- tation . 'lhe grant requires a public hearing as well as Council approval . OOUNCILMAN HARPER MJVED FOR THE STAFF 'lD APPLY FOR 'lliE GAA AlJD 'ID HOLD A PUBLIC HEARING ON JANUARY 8 , 1979 AT 7 :30 P .M. Councilman Mann seconded the motion . Upon the call of the roll , the vote resulte as follow~: Ayes : Cot.11cil ~'!embers Smith , Harper , Clayton , Mann , Weber, Thy or. Nays : None . Absent : Council ~mber Williarrs . 'lhe Mayor declared the motion carried . ****** City Managjer McCown stated the Council had direct-ed ti1 e s l ul'f' Lo instruct RI'D to withdraw the City 's grant application and to review alternate site proposals with the intent of resubmitting our applicat-ion al a later date . COUNCIU>lAN MI\NN I'DVED 'IHA'r OOUNCIL OONCUR IN 1HE REMJVI\L OJ •' OUR CURRENl' GRANl' APPLICATION FOR A 'IRANSIT CENIER AND REQUEST 'lliAT RI'D STUDY FUR'lliER AL'IERNATIVE SITE LOCATIONS INCLUDING BUT Nor LIMI'IED 'ID 'IHE EAST 'llli OF THE 3400 BIDCK OF SOl!lli BANNOCK STREEI'. ALSO , 'lliA'l' OOUI'JC TL RI':TN.";'l'J\Tl-: OIJR IESIRE 'lD HAVE A TRANSIT CENI'ER LOCA'IED WI'IHIN OUR OOMMUNI'IY AN D OUR OONC URRC NCE IS GIVEN ONLY 'lD POOVIr:E TIME FOR STUDY OF ALTERNATIVE SI'lli IDCATlON.'J . CowiCll- man We ber seconded the rrotion . Upon the call of the roll , the vote ;,u] t.c:d as follows: Ayes : Cot.11cil ~nt>ers Harper, Clayton , Mann, Web er, 'Hzylor . Nays : Cot.11c1l ~nt>er Smith . Absent: Comcil ~mber Williarrs . The Mayor declared the rrotion carried . ****** Mayor Taylor inforrred the Council that he was reappointing R e ver~nd Stan Plxter to the Housing Authority. • I • • • • I:ecember 18 , 1978 ( Page 12 ( • Onncil.rran Mmn stated that he and the Mayor rret with the 1-m t..own J:eveloprrent Authority and reported a good session with progress being made tCMard establishing goals and operating procedures . Counc il.rran Weber l!Dved to adjourn . The Mayor declared the rreeting be adjourned at 10 :55 P .M. City Clerk I • • • • • • • • BY AUTHORITY COUNCIL BILL NO. __ 1_, SERIES OF 1979 . INTRODUCED BY ____ ~~~~~~~--------------------------------------------- A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND ENGLEWOOD HOUSING AUTHORITY, PERTAINING TO LOW-RENT HOUSING IN THE DENVER METROPOLITAN AREA, WITHIN THE CITY OF ENGLEWOOD. WHEREAS , the U.S. Department of Housing and Urban Development has sent notification of the availability of a certain number of units of public housing for all communities in the Denver Metropolitan Area, outside the City and County of Denver; and WHEREAS, application by local Housing Authorities must be made for said units; and WHEREAS, as a part of the application, a cooperative agree- ment must be executed between the City of Englewood and the Englewood Housing Authority in order that said Authority may qualify for the available units. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: S e ction 1. That the City of Englewood, Colorado, and the Englewood Housing Authority shall enter into an agreement whereby the City recognizes the tax-free status of the Authority except for special assessment s and for any low-rent housing it may obtai~ and the City agrees to cooperate with the Authority in matters relating to the payment for said housing, zoning, building permits, street and alley vacations, as are more fully set forth in the agreement attached hereto, marked Exhibit A, and made a part hereof as if fully set out. • I • • - • • • • • • Section 2. The City Council of the City of Englewood, Colorado, hereby authorizes and directs the Mayor of the City of Englewood to sub- scribe his name to said agreement for and in behalf of the City Council of the City of Englewood and that the Director of Finance, ex officio City Clerk-Treasurer, attest and execute the same . Introduced, read in full and passed on first reading the 2nd day of January, 1979 . Published as a Bil l for an Ordinance on the _____ day of January, 1979. Mayor ATTEST: ex officio City Clerk-Treasurer -2-I • • - { • • • • • EXHIBIT A CO OPERATION AGRE EMENT THIS AGRE EMENT, ente red into th is ______ day of January, 1979, by and between the Englewood Housi ng Au thority , a body corporate and politic, hereinafte r c a lled the "Local Authorit y ", and the City of Eng lewood, Col o rado, a munici pal corporat i on, herei na fter cal led the "Muni cl pality•, wi t nes s eth: I n cons ~deration of the mutual covenants hereinafter set forth, the part1e s h e r eto do agree as f o llows: 1. Whenver used in this Agreement: (a) The term "Projec t" shall me an any low-rent housing hereafte r developed or acquired by the Local Authority with financial as sistance of the United States of America acting through the Secre tary of Housing and Urban Development, hereinafter called the "Goverrunent "; ex cluding, however, an y low-rent housing p ro ject covered by any contract for loans and annual contri butions e nte red into between the Local Authority and the Governmen t, or its predecesso r agencies, prior to the d ate of this Ag r eement. {b) The term "Taxing Body• shall mean the Sta t e o r any political subdiv~s i on or taxing unit ther eof in wh i c h a Pr oj ect is situated and which wou ld have authority to assess o r levy real or persona l property taxes or to certify such taxes to a tax i ng body or p ubl ic off~cer to be levied for its u se and bene f it wi th respec t to a Project if it were not e xemp t from taxat i on. (c) The term "Sh elter Rent• sha ll mean the total of al l charges to all tenants of a Project for dwelling rents and 'nondwelling rents {excluding all other income of such Pro ject) , less the cost to the Local Autho rity of all dwelling and nondwelling u tilities . (d) The term "Slum .. shall mean any area where dwellings predominate which, by r eason of dilapidation, ove r c r owd i ng , f a ul ty • I • • • • • • arrangement or design, lack of ventila tion,~ or sanitati on fa cili t ies, or any combination o ! these factors, are detrimental to safety, health, or morals. 2 . The Local Authority shall endeavor (a} to secure a contract or contracts with the Government for loans and annual contributions covering one or more Pro j ects comprising approximately 150 units of low-rent housing and (b) to develop or acquire and administer such Project or Projects , each of which shall be located within the corporate 14mits of the Municipa lity. The obligations of the part~es hereto shall appl y to each such Proj ect. 3. (a) Under the constitution and statutes of the State of Colorado, all Projects are exempt from all real and personal property taxes levied or imposed by any Taxing Body . W~th respect to any Project, so long as e~ther (i) such Pro ject is owned by a public body or governmental agency and is used for low-rent housing purpo ses, or (ii) any contract between the Local Authority and the Government for loans or annual contributions, or both, in connection with such Project remains in force and effect, or (iii) any bonds issued in connection wi th such Project or any monies due to the Government in connection with such Project remain unpaid, wh ichever period is the longest, the Municipality agrees that it will not levy o r impose any real o r personal property taxes upon such Proj ec t or upon the Local Authority with respec t thereto. During such period, the Local Authority shall make annual p ayme nts (hereinafter called "Payments i n Lieu of Taxes") in lieu of such taxes and i n payment for the Publ ic servi ces and facilitie s furnished from time to time without other cost or charge for or w i th respect to such Project. (b) Each such annual Payment in Lieu of Taxes s hall be made after the end of the fiscal year e s tablished for such P roject and shall be in an amount equal to te n p e r cent (10%) of the Shelter Rent actually collected but in no event to exceed ten percent (10\) of the Shelter Rent. -2- • I • • • • • (c) No payment for any year shall be made to the Mu n>cipality in excess of the amount of the real property t4Xes which would have been paid to the Municipality for such year if the Project were not e xempt f rom taxation. (d) Upon failure of the Local Authority to make any Payment in Lieu of Taxes, no lien again•t any Project or assets of the Local Authority shall attach, nor shall any interest or penalties accrue or attach on account thereof. 4. During the period commencing with the date of the acquisition of an y part of the site or s~tes of any Project and continuing so l ong as either (i} such Project is owned by a public body or governmental agency and is used for low-rent housing pur- poses, or (ii) any contract between the Local Authority and the Government for loans or annual contributions, or both, in connection with such PrOJect remains in force and effect, or (iii) any bonds issued in connection with such Project or any monies due to the Government in connection Wi th such Project remain unpaid, wh ichever period is the longest, the Municipality, without cost or charge to the Local Authority or the tenants of such Project (other than the Payments in Lieu of Taxes), shall: (a) Furnish or cause to be furnished to the Local Authority and the tenants of such Pro ject public services and facilities of the same c haracter and to the same extent as are furnished from time to time without cost or charge to other dwellings and inhabitants in the Munic ~pality; (b) Vacate such streets, roads, and alley s within the area of such Pro ject a s may be necessary i n the development thereof, and con vey without charge to the Local Autho r ity such interest as the Municipal i ty may have in such vacated areas: and, insofar as it is lawfully able to do so without cost or expense to the Local Authori t y o r to t he Municipality, cause to be removed from such va cated area , insofar as it may be necessary, all public or private utility lines and equipment; -3- • I • • - • • • • • (c) Insofar as the Municipality may law fully do so, (i) grant such deviations from the building code of the Municipality as are reasonable an d necessary to promote economy and efficiency in the development and administration of such Project and at the same time safeguard health and safety, and (ii) make such changes in any zoning of the site and surrounding territory of such Project as are reasonable and necessary for the development and protection of such Project and the surrounding territory; (d) Accept grants of easements necessary for the develop- ment of such Project; and (e) Co operate wi th the Local Authority by such other lawful action or ways as the Municipality and the Local Autho rity may find necessary in connection with the development and administration of such Project. (5) In respec t to any Project the Municipality further agrees that within a reasonable time after receipt of a written request therefor from the Local Authority: (a) It will accept the dedication of all interior streeta, roads, alley s, and adjacent sidewalks within the area of such Pro ject, together with all storm and sanitary sewer mains in such dedicated areas, after the Local Authority , at its own expense, has completed the grading, improvement, paving, and installation thereof in accordance with specifications acceptable to the Municipality ; (b ) It will accept necessary dedications of land for, and will grade, improve, pave and provide sidewalks for, all streets bounding such Project or necessary to provide adequate access thereto (in cons i d eration whereof the Local Authority shall pay to the Municipal ity s uch amount as would b e asse ssed against the Project site for such work if such site were privately owned); and (c) It will p rov ide, or cause to be provided, water mains, and storm and sani ta r y sewer mains, lead i ng to such Project a nd -4-I • • • • • serving the bounding streets thereof (in consideration whereof the Local Authority shall p ay to the Municipality s uch amount as would be assessed against the Project s i te for such work if such s i te were privately owned). 6. If by reason of the Municipal ity's failure or refusal to furnish or cause to be furnished any public services or facilities which it has agreed hereunde r to furnish or to cause to be furnished to the Local Authority o r to the tenants of any Pro j ect, the Local Authority incurs any ex pense to o btain such services o r facilitiea, then the Local Authority may deduct the amount of such expense from any Payments in Li eu of Taxes due or to b e come due to the Municipality in respect to any Proj ect or any other low-rent housing projects owned or operated by the Local Authority. 7. No Cooperation Ag reement h e r etofor e entered into between the Municipality and the Local Authority shall b e construed to apply to any Project covered by the Agreement. 8 . No member of the~erning body of the Muni cipality or any other public official o f the Munic ipal i ty who exer cises any responsibilities or functions with respect to any Project du r~ng his ten u re o r for one y e ar t her eafter sha ll have any ~nterest, direct or ind~re c t, in any Project or any property included o r planned to be ~ncl uded ~n any Project , or any con t ra cts ~n connec t on wtth such Pro jects or property . If any such governtng body member or such o ther publi c official of the Municipal ity involuntarlly acquire s o r had acquired prior to the b eg inning of his tenure any such I n terest, he shall immediately disclo s e such interest to the Local Authority . 9. So long a s any contr a ct between the Local Authority and the Government for loa ns (including pre l im i nary l o a ns) or annual contr i but ions , or both , in conn ection wi t h any Project r emai ns i n force a n d effect , or so long as any bonds iss ued in connection with a ny Project or any mon ies due to the Government in connectio n with any -5 -I • • • • • Proj ect remain unpaid, this Agreement shall not be abrogated, changed, o r modified without the consent of the Government . The p rivileges and obligati ons of the Municipality hereunder shall remai n in full f orce and effect wit h respect to each project so long as the beneficial title to s uch Project is held by the Local Authority or by any other Public body or governmental a g ency, including the Government, author i zed by law to engage i n the develop- mentor administrat i on of low-rent housin g pro jects . If at any time the beneficial t i tle to, or possess i on of, any Pro j ect is held by such other public body orgo~rnmental agency, including the Government, the provi sions hereof shall i nure to the benefit of and may be enforced by , suc h o t he r p ublic bo dy or g overnme ntal agency, i ncluding the Government. I N WITNE SS WHEREOF, t he Municipality and the Local Authority h a ve respecti v e l y sig ned t hi s Ag reemen t and caused their aeala to be affixed and attes ted as of t he day a nd year firs t above vri tten. (SEAL) Attest : e x off~c ~o C ~ty Clerk-Tr e asure r Att est: CITY OF EN GLEWOOD, COLORADO, a municipal cor poration By -.~~~-;~~~~~~-------J ames L. Taylor, May or ENG LEWOOD HOUSI NG AUTHORITY By ____________________ ~C"'h~a~i~r~m~a ~n-- -6- I ,. I • • • • • 7 d BY AUTHORITY COUNCIL BILL NO. __ 1_, SERIES OF 1979. INTRODUCED BY--------------------------------------------------------- A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND ENGLEWOOD HOUSING AUTHORITY, PERTAINING TO LOW-RENT HOUSING IN THE DENVER METROPOLITAN AREA, WITHIN THE CITY OF ENGLEWOOD. WHEREAS, the U .S . Department of Housing and Urban Development has sent notification of the availability of a certain number of units of p ublic housing for all communities in the Denver Metropolitan Area, outside the City and County of Denver; and WHEREA S, application by local Housing Authorities must be made for said units; and WHEREAS, as a part of the application , a cooperative agree- ment must be executed between the City of Englewood and the Englewood Housing Authority in order that said Authority may qualify for the available units. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as fol lows: Section 1. That the City of Englewood, Colorado, and the Englewood Housing Authority shall enter into an agreement whereby the City r e cognizes the tax-free status of the Authority except for special a s sessments and for any low-rent housing it may obtai~ and the City agrees to cooperate with the Authority in matters relating to the payment for said housing, zoning, building permits, street and alley vacations , as are more fully set forth in the agreement attached hereto , marked Exhibit A, and made a part hereof as if fully set out. • I • • • • • Section 2 . The City Council of the City of Englewood, Colorado, hereby authorizes and direc ts the Ma y or of the City of Englewood to sub- scribe his name to said agreeme nt for and in behalf of the City Council of the City of Engl e wood and that the Director of Fin ance , ex officio City Cle rk-Treasur er , attest and execute the same . Introduced, read in f ull and passed on first reading the 2 nd ' day of January, 1979. Published as a Bill for an Ordinance on the _____ da y of January, 1979. Mayor ATTEST : ex officio City Clerk-Treasurer -2-I • - • • • • EXHIBIT A COOPERAT I ON AGREEMENT THIS AGRE EMENT, ente red into th is ______ day of January, 1979, by and b etween the Englewood Housing Authority, a body corporate and politic, hereinafter called the "Local Author1.ty", and the City of Englewood, Colorado , a municipal corporation, hereinafter called the "Municl.pality•, witnesseth: In cons ideration of t he mutual covenants hereinafter set forth, the part1.es h ereto do agree as f o llows: 1. Whenver used in this Agreement: (a) The term "Project" shall mean any low-rent housing hereafter developed or acquired by the Local Authority with financial as s i stance of the United States of America acting through the Secretary of Housing and Urban Development, hereinafter called the "Goverrunent"; ex c luding, how ever, any low-rent housing project covered by any contract for loans and annual cont ributions e nt ered into between the Lo cal Authority and the Government , o r its predecessor agenc1es, prior to the date of this Agreeme nt. (b) The term "Taxing Body" shall mean the State o r any political subdlV lslon or tax1ng unit thereof in wh lch a Project is situated and wh1ch would have authority to asse ss or levy real or personal property taxes or to certify s uch taxes to a tax ing body or public off1cer to be levied for its use and benefit with respect to a Project if 1t were not exempt from taxation. (c) The term "Shelter Rent • shall mean the total of a ll charges to all tenants o f a Pro ject for dwell ing rents and .nondwelling rents (excluding all other income of such Pro ject ) , less the cost to the Local Authority of all dwelling and nondwe ll ing utilities. (d) The tenn "Slum" shall mean any area wh ere dwel lings predominate which , by reason of dilapidation, overcrowding , faulty I • • 0 • • • • • arrangement or design, lack of ventila tlon,_LLght or sanitation facilities, or any combination of these factors, are detrimental to safety, health, or morals. 2. The Local Author1ty shal l endeavor (a) to secure a contract or contract s with the Government for loans and annual contributions covering one or more Projects comprising approximately 150 units of low-rent housing and (b) to develop or acquire and admini ster such Project or Projects, each of which shall be located within the corporate limits of the Municipality. The obligations of the parties hereto shall apply to each such Project . 3. (a) Under the constitution and statutes of the State of Colorado, all Projects are exempt from all real and personal property taxes levied or imposed by any Taxing Body . With respec t to any Project , so long as either (i) such Project is owned by a public body or governmental agency and is used for low-rent housing purposes , or (ii) any contract between the Local Authority and the Government for loans or annual contributio ns, or both, in connection with such Project t 'emains in force and effect, or (iii) any bonds issued in connection wi th such Project or any monies due to the Government in connection with such Proj ect rema in unpaid, wh ichever period is t he longest, the Municipality agrees that it will not levy or impose any r eal o r personal property taxes upon such Project or upon the Local Authority with respec t thereto. During such period, the LOcal Authority shall make annual payments (hereinafter called 11 Payrnents in Lieu of Taxes") i n lieu of such taxes and in payment for the Public services and f ac i lities furnished from time to time without other cost or charge for or with respect to such Project. (b) Each such annual Payment in Lieu of Tax~s shall be made after the end of the fiscal year established for such Pr oject and shall be in an amount equal to t en p e rcent (10%) of the Shelter Rent actually co llected but in no event to exceed ten percent (10\) of the Shelter Rent. -2- • I • • • • • (c) No payment for any yea r shall be made to the Mun icip a lity in excess of the amount of the real property taxes which would have been paid to the Mun icipality for s uch year if the Project were not e xempt from taxation. (d) Up on failure of the Local Authority to make any Payme nt in Lie u of Taxes, no lien aga ln at any Project or assets of the Loc al Authority s hall at tach, nor shall any interest or penalties accrue or attach on account thereof. 4. During t he p e r i od camme nc ~ng With the date of the acqui si tion of an y part of the site or s1tes of any Pro ject and cont i nuing so l o ng as either (i) such Proj ect is o wned by a publi c body or governmental a gen cy and i s used for low-rent housing pur- pose s, or (ii) any c on tract betwe en the Local Authority and the Gove rnment for loans or a nn ual contributions, or both, in c onnection with such P rojec t r emain s in force and e ffe ct, or (iii) any bonds issued 1n connection with such Project or any monies d ue to the Go vernm ent in connection Wi th such Pro j ect remain unpaid, wh ichever per1od is the l o ngest , the Municipali ty , without cost or charge to the Local Au thor ity or the tenan t s of such Pro j ect (othe r than the Payments 1n L1 eu of Taxes), shall: (a) Furn ish o r cause to be f urn1shed to the Local Authority and the tenants of such Projec t publ i c services a nd fac~li ti es of the same c haracter a nd to the same extent as are furnished from time to time without c o st o r charge to other dwellings and inhabitants i n the Mu nicipal ity ; (b ) Vacate suc h streets, roads, and alley s wi thin the area o f such Project as may be n ecessary in the development thereof, and con v ey wi thout charge to the Local Au tho r jty such interest as the Mun~c ipality may have i n such v acated areasr and , i nsofar as i t i s lawfully able to do so wi thout cost o r e x p ense to the Local Authority o r o the M un~cipality , c ause to be removed from such vacated a rea, 1nsofar as it may be n ecessary, all public o r private u t i l ity line s and e qu ipment; -3- • I • - • • • • • (c) Ins o far a s t he Muni c ipality may law ful ly do so, (i ) g rant such deviat~ons f rom the bu1ld i ng code of the Municipality as are r e asonable an d nece s s ary t o promot e e c onomy and eff ic iency ln the development and admln1strat1on of such P roJect and at the same time safe guard health and safety , and (ii) make such change s in any zoning of the s ite a nd surround ing t e rr i tory of s u ch Pro j ec t as are reasonable and necessary for the development and prot ection of such Proj ect and the surrounding terr 1tor y: (d) Accept grants of ea sements necessary fo r the develop- ment of suc h Project; and (e ) Co operate wi th the Loca l Author ity by such other lawf u l action o r ways as the Municipality and the Local Authority may f ind necessary in connectio n with the deve lo p ment and adminlstration of such Pro ject . (5 ) In res p e ct to any Pro j ect t h e Municipality furthe r agrees that within a reas o nable time after rec e ipt of a written request the r e f or f r om the Local Author1ty; (a) It wil l a ccept the dedication o f all i nterior streeta, roads, alley s, an d a d j a c ent sldewalks within the area of such Pro j e c t, toget he r with al l storm and sani ta r y sewer mai ns in such ded icated are as , after the Local Authority , at i ts o wn expense, ha s c ompl e ted the gradin g, ~mprovement , pavi ng, and installat10n the r eof in acco rdance with s pecificatio ns acceptable to t h e Mu nic i pality ; (b) lt wi ll a cce pt n e cessar y ded icat ion s of l and for, and will grade , 1mprove, pave a n d provide s i d e wa lks f or , a l l s t r e e ts bound i n g s u ch Project o r n ecessary to pro v1de a dequa t e access the reto {in con sid erat1on whe r e o f the Local Auth o r i t y shal l pay to t h e M unlci~ality such amo unt as would b e ass e s sed a ga1n st the Proj ect site f or such work i f s uch site we r e private l y own ed) ; and (c ) I t Wlll p rov1de , o r cause to be p r ovld ed , wa t er mains, a nd s t o rm a nd s an1 a r y sewe r ma1 ns, lea ding t o suc h Pro Jec t a nd -4- • I • • - • • • • serving t he bounding st reet s thereof {in considerat~on whereof the Local Authority shall pay to the M unic~pality such amount as woul d be assessed against the Pro ject s~te f o r such wort ~f su ch site were privately owned). 6. If by reason of the Hunl c1pal1ty's failure or refuaal to furnish or cause to be furnished a ny public services or facilitiea which it has agreed hereunder to furn1sh or to cause to be furnished to the Local A uthority o r t o t h e tenants of any Project, the Local Authority incurs any ex pense to obtain such s e rvices o r facilities, then the Local Authority ma y deduct the amount of such expense from any Payments in Lieu of Taxes due or to become due to the Municipality in respect to any Project or any other low-rent housing projects owned or operated by the Local Authority. 7. No Cooperat~on Ag reement heretofore entered into between the Munic ipality and the Local Author ity shall b e construed to apply to any Project covere d by the Agreement. 8. No member of the go.rerning b ody of the Munici pality or any other publ ic off~cial of t he Municipality who exercises any responsibilities or functions wi th respect to any Project during his tenure or for on e year thereafte r shall have any ~nterest, direct or ~ndirect, in any Pro ject or any property included or planned to be ~ncl uded ~n any ProJect , or any cont racts in connec tion wi th such Projects o r property. If any such governing body mem ber or such other publ ic official of the Municipality involuntar~ly acquires or had acquired prior to the beginning of his tenure any such ~nterest, he shall immediately d i sclose such interest to the Local Authority. 9. So long as any contract b e t ween the Local Authority and the Government for loans (i ncluding preliminary loans ) or annual contributions, or both , in connection with any Project remains in force a nd effect, or so l on as any b onds issued i n connection wit h any Project or any monies due to the Government i n connection with any -5- -~-----. • • .... I I • • • • • Project remain unpaid, this Agreement shall not be abrogated, chanqed, or modified without the consent of the Government. The privileges and obligations of the Municipality hereunder shall remain in full force and effect with respect to each project •o lonq as the beneficial title to such Project is held by the Local Authority or by any other Public body or qovernmental aqency, including the Government, authorized by law to engage in the develop- ment or administration of low-rent housing projects. If at any time the beneficial title to, or possession of, any Project is held by such other public body orqo"'rnmental aqency, includinq the Government, the provisions hereof shall inure to the benefit of and may be enforced by, such other public body or qovernmental aqency, i ncluding the Government. IN WITNESS WHEREOF, the Municipality and the Local Authority have respectively siqned this Aqreement and caused their seals to be affixed and attested as of the day and year first above written. (SEAL) Attest: ex off~c~o C1ty Clerk-Treasurer Attest: CITY OF ENGLEWOOD, COLORADO, a municipal corporation By~J~am~e7s~L~.-.T~a~y~l~o~r~.~M7a~y~o=r---------- ENGLEWOOD HOUSING AUTHORITY By ____________________ ~C~h~a71=rm=a~n~ -6- I: i" I • • (I( • • • • BY AUTHORITY COUNCIL BILL NO. __ 1_, SERIES OF 1979. INTRODUCED BY ____________________________________________________ __ A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND ENGLEWOOD HOUSING AUTHORITY, PERTAINING TO LOW-RENT HOUSING IN THE DENVER METROPOLITAN AREA, WITHIN THE CITY OF ENGLEWOOD. WHEREAS, the u.s. Department of Housing and Urban Development has sent notification of the availability of a certain number of units of public housing for all communities in the Denver Metropolitan Area, outside the City and County of Denver; and WHEREAS, application by local Housing Authorities must be made for said units; and WHEREAS, as a part of the application, a cooperative agree- ment must be executed between the City of Englewood and the Englewood Housing Authority in order that said Authority may qualify for the available units. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That the City of Englewood, Colorado, and the Englewood Housing Authority shall enter into an agreement whereby the City r e cognizes the tax-free status of the Authority except for special assessments and for any low-rent housing it may obtai~ and the City agrees to cooperate with the Authority in matters relating to the payment for said housing, zoning, building permits, street and alley vacations, as are more fully set forth in the agreement attached hereto, marked Exhibit A, and made a part hereof as if fully se t out . I • • ( (!__ • • • • Se ction 2. The City Council of the City of Englewood, Colorado, hereby authorizes and directs the Mayor of the City of Englewood to sub- scribe his name to said agreement for and in behalf of the City Council of the City of Englewood and that the Director of Finance, ex officio City Clerk-Treasurer, attest and execute the same . Introduced, read in full and passed on first reading the 2nd day of January, 1979. Published as a Bill for an Ordinance on the _____ day of January, 1979. Mayor ATTEST: ex off~c~o City Clerk-Treasurer -2- • I • • (~ • • • • EXHIBIT A COOP ERATI ON AGREEMENT THIS AGRE EMENT, entered into th is ______ day of January, 1979, by and betwe en the Englewood Housing Authority, a body corporate and politic, hereinafter called the "Local Authority", and the City of Englewood, Colorado, a municipal corporation, hereinafter called the "Munic~pality", wi tnesseth: In cons1deration of the mutual covenants hereinafter set forth, the part1es hereto do agree as f o llows: 1. Whenver used in this Agreement : (a) The term "Project" shall me an any low-rent housing herea fter developed or acqu i red by the Local Authority with financial a ss i stance of the United States of America acting through the Secretary of Hou sing and Urban Development, hereinafter called the "Government"; excluding, however, any low-rent housing project covered by any contract for loans and annual contributions entered into between the Local Authority and the Government, o r its predecessor agencies, prior to the date of this Ag r eeme nt. (b) The term "Taxing Body" sha l l mean the State o r any political subdi v~sio n or tax~ng u nit thereof in which a Project is situated and whic h would have authority to assess or levy real or personal property taxes or to certify such taxes to a taxing body or public officer to be levied far its use a nd benefit with r espec t to a Project if it were not e xempt from taxation. (c) The term "Shelter Rent" shall mean the total of all charges to all tenants of a Project for dwelling rents and 'nondwelling rents {exc lud i ng all other income of such Pro j ect), less the cost to the Lo cal Authority of all dwelling and nondwelling utilities. {d) The term "Slum" shall mean any area where dwellings predominate which , by reason of dilapidation, ove r c rowding, faulty • I • • (\. (\.. • • • - arrangement or de.s ign, l ack o f ventila t ion ,-l..i..gh.t. or sanita t i on fa cil ities, or a ny combination o f these factors, are detrimental to sa fet y , health, o r moral s. 2. The Local Author i ty shal l endeavor (a) to s ecure a contrac t or contracts with t he Government for loans and annual contributions covering one or more Projects compri sing approximately 1 50 uni ts of low-rent housing and (b) to d evelop o r acquir e and administer such Project or Projects, each of which shall b e located within the c orporate l imits of the Munici pality. The oblig ations of the parties heret o sha ll a pp l y t o each such P r oject . 3 . (a) Unde r the constitution and statutes o f the State of Colorado, al l Pro j e c ts a re exempt from all real and personal p roperty taxes levied or imposed b y any Taxing Body. With respec t to any Project, so long as either {i ) such Pro ject is own e d by a public body or governmental ag e ncy and i s used fo r low-rent housing p urposes, or (ii) any contract b etween the Local Author i ty and the Governme nt for loans or annual cor.tributions, or both, in connection with such Pro ject rema i n s in force and effect, or {i ii ) any bonds issued in c onnection wi th such Project or a ny monies due to the Government i n connection with such Pro ject remain unpaid , wh ichever period is the lon ges t , the Municipality a g rees that it will not levy or impose any r eal o r p e rsonal p roperty taxes upon suc h Pro ject or upon the Local Author i ty with r e spect t h e r eto . During such period, the Local Authority shall make annual payme nts (hereinafter c a lled "Payments in Lieu of Taxes") in lieu of such taxe s and i n payment for the Public services and faci lities furnished from time to time without other cost or charge f or or with respect to such Project . {b} Eac h such annual Payment in Lieu of Taxes shall be made after t he end of t he fisc a l year established for suc h P roject and shall be in an amount equal to ten p e r ce nt (10%) of the Shelter Re nt actually co llected but in no event to exceed ten percent {10%} of the Shelte r Re nt. -2- • I • - (( • • • • (c) No payment for any year shall be made to the Municipality in excess of the amount of the real prope rty taxes which would have been pa id to the Mun icipality for such year if the Project were not exempt from taxation. (d) Upon failure of the Local Authority to make any Payment in Lie u of Taxes, no lien aga inat any Project or assets of the Local Author ity shall attach, nor shall any interest or penalties accrue or attach on account thereof. 4. During the period commencing with the date of the acquisition o f any part of the site or s1tes of any Project and continuing so l ong as either (i) such Project is owned by a public body or governmental agency and is used for low-rent housing pur- poses, or {ii) any contract between the Local Authority and the Government for loans or annual contributions, or both, in connection with such Pro ject remains in force and effect, or (iii) any bonds issued in conne ction with such Project or any monies due to the Government in co nn ection with such Pro j ect remain unpaid, wh ichever period i s the longest, the Municipality, without cost or charge to the Local Author ity or the tenants of suc h Pro j ect (other than the Payments in Lieu of Taxes), shall: (a) Furnish or cause to be furnished to the Local Aut.hor ity and the tenant s of s uch Pro ject public services and facili ties of the same c haracter and to the same extent as are furnished from time to time without cost or charg e to other dw e llings and inhabitants i n the Mun ici pality ; (b) Vacate suc h streets, roads, and alleys within the area o f such Pro jec t as may be n e cessary in the development thereof, and convey without charge to the Local Authority such interest as the Municipal ity may have i n suc h vacated areas, and, insofar as it is lawfully able to do so wi thout co s t o r expense to the Loc al Authority o r to the Mun icipality, cause to be removed from such vacated area, i n sofar as it may be neces sary , all public or private ut i l ity line s and equ ipment: -3- • I • - • • • • • (c) Insofar as the Mun icipal ity may l a w f ul ly d o so, (i ) g r ant such de v iat~on s fr ~~ the bu~ld~ng code of the Mun icipality a s are reasonable and n ece ssary to p romote economy and ef f i c~en c y 1n the development and adm1nistrat1on of such Pro)ect and at the same time safe guard h ea lth and safety , a n d {ii) make such changes in any zoning of the site a nd surround ing territory of s uch Pro j ect as are reasonable and necessary for the development and p rotection of such Project and the surround ing territory; (d) Acce pt grants of easement s nece ssary fo r the develop- ment of such Pro j ect; and (e) Co operate with the Local Author ity by such other lawful action or ways as the Municipa lity and the Local Authority may find necessary in connection with the dev e lo pme nt and administration of such Project. (5 ) In respe ct to any Project the Municipality further agrees that within a reasonable time after rec e ipt of a written request therefor from the Local Authority: (a) It wi ll accept the dedication of all interior streets, roads, alleys, an d ad jacent sidewalks within the area of such Pro ject, together with all storm and sanitary sewer mains in such dedica ted area s, a f t er the Local Authority , at its own expen se, ha s completed the grading, improv ement , pav ing , and installation thereof in accordance with specifications acceptable to t h e Mu n icipality: {b) It will accept necessary dedicat ions of land for, and wil l grade , 1 mprove, pave and provide sidewalks for, all streets bounding such Pro j e c t o r necessary to provide adeq uate access thereto (in c onsid era tion whereof the Local Authority shall pay to the Mun icipality s u ch amount as would be ass e ssed against the Project site for such work if such site were privately owned); and (c ) It will p rov i de, or cause to be provid ed, water ma i ns, and storm and sanitary sewer mains, lead i ng to such Pro ject a nd -4- • I • - • • • • • serving the bounding str eets thereof (in consideration whereof the Local Authority shall p ay to the Municipality such amount as wou~d b e asses sed aga~nst the Pro ject s i te for such work if such site were pr1vately owned ). 6. If by reason of the Municipality 's failure or refuaal to furnish or cause to be furnished an y public services o r facilitiea wh ich it has agreed here under to fu rn ish or to cause to be furnished to the LOcal Authority o r t o the t e nants of any Project, the Local Authority incurs any ex pense to obta~n such services o r facilitiea, then the Local Authori ty ma y deduct the amount of such expense from any Payments in Lieu of Taxes due or to become due to the Municipality in respect to any Proj ect or any other low-rent housing projects owned or operated by the Local Author ity . 7. No Cooperation Agreement h e r etofore entered into between the Munic ipality and the Local Authority shall be construed to apply to any Project covere d by the Agreement . 8. No member of the~e rning body of the Mu ni cipality or any other public official o f the Munic ipality who exercises any respons i bilities or functions wi th respect to any Project during his tenure or for one y ear thereaf ter shall have any interest, direct or indirect, in any Project or any property inc luded or pl anned to be incl uded i n any Proj ec t , or any contracts in connect 1on wi th such Proj ects or property . If any such governing body me mber or such other public official of the Municipality involuntar i ly acquires o r had acquired prior to the beginning of his ten ure any such interest, he shall immediate ly d i sclose such interest to the Local Authority. 9. So long a s any contract b etween the Local Authority and the Government for loans (inc luding p re liminary loans) or annual contr i but ions, or both , in conn ec tion with any Pro ject r emain s i n force a nd effect , or so lon g as any bonds issued in connection with any Project or any mon ies due to the Government in con nection with any -5 - • ·~ I I • - • • • • • Project remain unpaid, this Agreement shall not be abrogated, changed, or mod ified without the consent of the Government. The privileges and obligat>ons of the Municipality hereunder shall reaa in in full force and effect with respect to each project so long aa the beneficial title to such Project is held by the Local Authority or by any other public body or governmental agency, including the Government, authorized by law to engage in the develop- ment or administration of low-rent housing projects. If at any time the beneficial title to, or possession of, any Project is held by such other public body orgo~rnmental agency, including the Government, the provisions hereof shall inure to the benefit of and may be enforced by, such other public body or governmental agency, including the Government. IN WITNESS WHEREOF, the Municipality and the Local Authority have respectively signed this Agreement and caused their seals to be affixed and attested as of the day and year first above written. (SEAL) Attest: e x off~c~o C~ty Clerk-Treasurer Attest: CITY OF ENGLEWOOD, COLORADO, a municipal corporation By-..~~~~~~~~~------James L . Taylor, Mayor ENGLEWOOD HOUSING AUTHO RITY By-------------------,C~h~a7i~rm~a~n~ -6- • I: ,. I • • (' (l • • • - RESOLUTION NO . 1 , SERIES OF 1979 AUTHOJ:UZlNG AND DlKECTlNG THE lHRECTOR OF FlNANCE OF THE CITY OF ENGLEv100D TO PAY TO MARTIN MARIETTA CORPORATION THE SUM OF SEVEN HUNDR ED FIFTY THOUSAND DOLLARS ($750,000) IN FULL AND COMPLETE SETTLEMENT OF PRESENTLY PENDING LITIGATION. WHEREAS, Alfred P . Atchison has heretofore asserted a claim against the City of Englewood and against the Martin Ma rietta Corporation , on a joint and sev e ral basis, fo r damag es in excess of Four Million Dollars ($4 ,000 ,000), which such claim has been involved in that litigation pending before the District Court in and for the County of Je ffe rson, State of Colorado, under Civil Action No . 34915 in said Court ; and WHEREAS, in previous proceedings in that litigation b efore the Colorado Supreme Court, it has been determined that both the City of Englewood and the Martin Marietta Corporation are , collectively, liable to Alfred Atchison for all damages sustained by him as a result o f the City's conveyance in 1967 o f certain realty to Martin Marietta Corporation; and WHEREAS , Martin Marietta Corporation has instituted s uit against the City of En g l e wood in the same Court under Civil Action No. 78CV0352, wherein it is asserted by Martin Ma ri etta Corporation that the City of Englewood is liable to it fo r any sums which it may be required to pay as a result o f the f ormer 1 it i gation ; a nd WHEREAS, the claim asserted by Al f red Atchison against the City has been agreed to be dismissed , with p re judice , upon th pa yment to him , on or before January 15, 1979, of the s um of Two Million Three Hundred Thousand Dollars ($2 ,300 ,000) by HarLin Mari tta Corporat ion, which s u ch payment Ma r tin Marietta Corporation has heretofor e agreed to make ; and WHEREAS, Martin Marietta Corporation has offered to dismiss all claims asserted by it against the City of Englewood in the second above-described litigation; and WHEREAS, bas ed upon advice of counsel, it is the judg- ment o f this City Council that the above-described offer should b e a ccepted; NOW, THEREF OR E, BE IT RESOLVED, by the City Council o f the City of Englewood that the Director of Finance of this City should be , and is hereby, authorized and directed to pay I • • l • • • - 2 - to Martin Marietta Corporation, or its order , the sum of Seven Hundred Fifty Thousand Dollars ($750 ,000), in cash, on or before January 15, 1979, provided, however, that, simultaneously with such payment, the said Director of Finance is tendered, in forms approved by the City Attorney, such Court orders, releases, or other documents as may be appropriate to assure that the claim, or claims, asserted by Martin Marietta Corporation against the City of Englewood in the aforesaid litigation shall be dismissed and released in their entirety. ADOPTED AND APPROVED this 2nd day of January, 1979. ATTEST: I , William D. James, ex officio City Clerk-Treasurer, of the City of Englewood, Colorado, do hereby certify that the a bov e and foregoing is a true, accurate and complete copy of Resolution No. l , Series of 1979. I • • - ( ( • • • RESOLUTION NO. 1 , SERIES OF 1979 AUTHORIZING AND DIRSCTING THE DIRECTOR OF FlNANC.t: Of TH.t: CITY OF ENGLEVlOOD TO PAY TO MARTIN MARIETTA CORPORATION THE SUM OF SEVEN HUND RED FIITY THOUSAND DOLLARS ($750 ,000) I N FULL AND COMPLETE SETTLEMENT OF PRESENTLY PENDING LITIGATION . WHEREAS, Alfred P . Atchison has heretofore asserted a claim against the City of Englewood and against the Martin Marietta Corporation, on a joint and several basis, for damag es in exces s of Four Million Dollars ($4 ,000 ,000), which such claim has been involved in that litigation pending before the District Court in and for the County of Jefferson, State of Colorado , under Civil Action No. 34915 in said Court ; and WHEREAS, in previous proceedings in that litigation before the Colorado Supreme Court, it has been determined that both the City of Englewood and the Martin Marietta Corporation are , collectively , liable to Alfred Atchison for all damages sustained by him as a result o f the City's conveyance in 1967 o f certain realty to Martin Marietta Corporation ; and WHEREAS , Martin Marietta Corporation has instituted suit against the City of En g lewood in the same Court und e r Civil Action No . 78CV0352, wherein it is asserted by Martin Ma ri etta Corporation that the City of Englewood is liable to it for any sums which it may be required to pay as a result of the f or me r litigation ; and WHEREAS , the claim asserted by Al f red Atchison a g ainst the City has been agreed to be dismiss ed, with prejudice, upon th payment to him, on or before January 15, 1979, of th sum o f Two Million Three Hundred Thousand Dollars ($2 ,300 ,000) by Mar Lin Marie tt a Corporation, which such payment MarLi n MarieLLa Corporation has h eretofor agreed to make; and HHEREAS, Martin Marietta Corporation has offered to dismis s all claims asserted by it against th e City o f Englewood in the second above-described litigation; and WHEREAS, based upon advice o f counsel, it is the j ud g - ment of this City Council that the above-described o ffe r should be acce pt ed ; NOW, THEREF ORE, BE IT RESOLVED, by th e City Counc il o [ the City of En glewood that the Director of Finance o f this City should be , and is hereby, authorized and directed to pay I • - ( 0 • ( • • • • -2 - to Martin Marietta Corporation, or its order, the sum of Sev e n Hundred Fifty Thousand Dollars ($750 ,000), in cash, on or before January 15, 1979, provided , however, that, simultaneously with such payment, the said Director of Finance is tendered, in forms approved by the City Attorney, such Court orders, releases, or other documents as may be appropriate to assure that the claim, or claims, asserted by Martin Marietta Corporation against the City of Englewood in the aforesaid litigation shall be dismissed and released in their entirety. ADOPTED AND APPROVED this 2nd day of January, 1979. Mayor ATTEST: I , William D. James, ex officio City Clerk-Treasure r, o f the City of Englewood, Colorado, do hereby certify that the a bov e and f oreg o i n g is a true, accurat e and complet e copy of Resolution No. 1 , Series of 1979. D I • • ,, I ·i ,I ol r· •' .I 'I . 'I •I ·• I .. I' ·I I ' I I· I ,. il •I I .I I ,, ' ,, • • • I • • • - RESOLUTION NO . I , SERIES OF 1979, AUTHORIZING AND DIRECTING THE DIRECTOR OF FINANCE OF THE CITY OF ENGLEWOOD TO PAY TO MARTIN MARIETTA CORPORATION THE SUM OF SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000) IN FULL AND COMPLETE SETTLEMENT OF PRESENTLY PENDING LITIGATION. Whereas Alfred P. Atchison has heretofore asserted a claim against the City of Englewood and against the Martin Marietta Corporation, on a joint and several basis, for damages in excess of Four Mill i o n Dollars ($4,000,000), which such claim has been involved in that litigation pending before the District Court in and For the County of Jefferson, State of Colorado, under Civil Action No. 34915 in said Court; and /( ~ereas Martin Marietta Corporation has instituted suit against the City of Englewood in the same Court under Civil Action No. 78CV0352, wherein it is asserted by Martin Marietta Corpora- tion that the City of Englewood is liable to it for any sums which it may be required to pay as a result of the former litigation; and Whereas the claim asserted by Alfred Atchison against the City has been agreed to be dismissed, with prejudice, upon the payment to him, on or before January 15, 1979, of the sum of Two Million Three Hundred Thousand Dollars ($2,300,000) by t1artin Marietta Corporation, which such payment Martin Marietta Corpora- tion has heretofore agreed to make; and Whereas Martin Marietta Corporation has offered to dismiss all claims asserted by it against the City of Englewood in the second above-described l i tigation; and Whereas, based upon advice of counsel, it is the judg- ment of this City Council that the above-described offer should be • accepted I • • • ....... • • • Now, Therefore, Be It Resolved By the City Council of the City of Englewood that the Director of Finance of this City should be, and is hereby, authorized and directed to pay to Martin Marietta Corporation, or its order, the sum of Seven Hundred Fifty Thousand Dollars ($750,000), in cash, on or before January 15, 1979, provided, however, that, simultaneously with such payment, the said Director of Finance is tendered, in forms approved by the City Attorney, such Court orders, releases, or other documents as may be appropriate to assure that the claim, or claims, asserted by Martin Marietta Corporation against the City of Englewood in the aforesaid litigation shall be dismissed and released in their entirety. Adopted this 2nd day of January, 1979. Mayor Attest: Ex officio City Clerk • I • • Housing Authority City of Englewood ~ ,, • • • --I ' ~ .. ~; ~ .. :. ' ' : :·. :., :._ •; ' I 2 A 3400 S Elal • St reet E ng lew.JOd . C olora 801 10 December 21, 1978 Phone (303 ) 761 -11 40 T he Honorable James L . Taylor, Mayor of Englewood Members of the Englewood City Council 3400 South Elati S treet Eng lewood, Colorado 80110 Dear Mr. Taylor and Members of the City Council: On Dece mber 5, 1978 , t he U.S . Department of Housing and Urban Development sent us a notification that 189 units o f publ ic housing were available for all of the communities in the Denver Metropolitan Area outside of the City o f Denver , One hundred twenty-four (1 24) of these units are for elderly ; 30 a r e f or three or more bedroom units for large families, and 35 a re f o r one (1) to three (3) bedroom units for families. The Housing Authority has 35 days from the date of notification to mak application for these units . As you can well imagine, this number o f units is relativel y small compared to the number of communities competing for them. The Housing Authority, however, does intend to appl y f or approximately one hundred (100 ) units of elderl y a nd for an as yet undetermined number of family and larg e fami l y un i t s . (If we do a pply f or these famil y units, they will b e of sin l e - family or duplex const ru ctio n on vacant lo ts scattered through- out Eng lewood .) The app lication itself is the responsibility of the Hous ing Authority. As par t o f this application, thoug h, the attached Cooperative Agreemen t must be executed between the Ci ty and t he Housing Author ity , This agreement stipulates, i n part, that: 1 . The City recog n izes the t ax free status of the Authori ty and its proper ty . 2 , I f th e C it y desires, the Au thority would mak e a pa yment in lieu of taxes of up to 10% of the rent, but in no event high e r than the taxes that would have been paid, • • I • - • • • T e Ho norabl e Jame s L . T aylo r Me mb e rs of the Eng l e wood Ci t y Counc il December 2 1 , 1 978 Pag e -2 - • • • 3 . The Ci ty agre e s to c oope r ate with t he Aut h ori ty a s mu ch as lega ll y p ermis sible in ma t t ers r ela t i ng t o zon ing, buil ding p ermits, street and alley vacations , e tc. 4. T h e City a grees to extend u ti lit y and g o vernmental services t o the Authority property to t he extent t h a t it provides such services to similarly situated property. The attached a greemen t is, of cours e , a gui d e a nd not th final f orm that we would suggest. Yo u may have recommende d cha ng es as well. I woul d like to have the opportuni t y to speak to City Council regarding this matter at y our me e ting on Ja nuary 2, 1979. Sincerely, /!~!(} zH9~0~ Thomas J. Burns , Chairman Englewood Housing Authority g w I • • • • - CITY OF ENGLEHOOD, COLORADO BOARD OF ADJUSTMENT AND APPEALS NOVE J1BE ~ 8 , 19 7 8 HINUTES The regular meeting of the Board of Adjustment and Appeals was called to order at 8 :00 P.M. by Chairman Oliver. 5 A MEMBERS PRESENT: Kreiling, Seymour, Hallagin, Leonard, Brown, Oliver . MEMBERS ABSENT : Dawson. ALSO PRESENT : Leo Clark, Assistant City Attorney Gary Pittman, Chief Building Inspector Valerie Christy, Recording Secretary ------------------------------------------------------------------ Ralph Schomp Oldsmobile 2940 South Acoma Street Case 44-78 REQUEST : The applican t is requesting a variance for the storage of new cars on a 50 ft. site, with a six (6)ft . chainlink redwood slatted screen fence . This is a variance of the Comprehensive Zoning Ordinance, Sections 2 2 .4-9 b . (8) Private Off-Street Parking; 22 .4-9 f. (3) Minimum Frontage-100ft .; and 22 .4-9 m (l),(b) an opaque fence of decorative type . The Staff Report was read and submitted to record . This case was tabled from t he las t meeting of October 11, 1978 until this meeting for further clarification b y the owner, Mr . Ralph Schomp , who's p resen c e was reques t ed b y the Board . Mr . Kreiling motioned and Mr . Leonard seconded that Case 44-78, Ralph Schomp Oldsmobile, 2940 South Acoma Street, be removed from the Table . Upon a call of the roll, the following vote resulted : AYES : Kreiling, Seymour, Hallagii-,, Leonard , Brown , Oliver . NAYS : None . Chairman Oliver decl a red the variance removed from the Table . (1) • I • • - • • • • • Mr. Ralph Schomp , 680 Clarkson St., Denver, Co., and Mr. John Roberts 271 E . Davies , Littleton, Co., were sworn in . Chairman Oliver stated that Mr. Schomp's presence had been requested to clarify t he landscaping and the maintenance thereof. At the previous meeting of October 11 , 1978, Mr. William Brillhart, representin g the All Time Fence Company , and contractor of the proposed fence to be located on this subject property, pres e nted as much of the case as possible. However, he wa s n ot able to answer the Board's questions re garding t he landscaping and maintenenc e of the area in front of the prop osed fence line . Mr. Ralph Schomp stated that his inten tion had been to create a sort of park in efforts to be nei ghborly as there are still some homes in the area . He stated that he had enlisted the help of a landscapist in preparing the design of the small park area . He stated that there were two fine cedar trees and he proposed to put in a park bench , shrubber y, and moss rock . He further stated that he owned the property on both sides of this lot and felt he had ample facilities on both sides for caring and watering . He stated that they were doing the same thing on the corner of 2900 So . Acoma Street. Chairman Oliver stated that the Board had been concerned about how and who would be doing the maintenance as the park area would be fenced off from the rest of the lot . He further stated that because of the extent of the landscaping, it appeared that it would require more than average maintenance and the Board was concerned for this reason. Mr. Schomp stated that there were people in their staff who would have the duty assigned to them and see that it was kept up, just as they would maintain the lot and cars . Chairman Oliver questioned how far the fence would be set back. Mr. Schomp stated that it would be in accordance with the ordinance . Mr. Pittman stated that according to the plan, the fence would be set back 25 ft. from the property line. Mr. Seymour asked how often they could expect the maintenance of this park area. Mr. Schomp stated that it would be cleaned when ever necessary . He further stated that they did not want it to be unsightly either . Mr. Brown remarked that the fence that had been erected on the corner of the block,which was the same as the one being requested , was a nice looking fence and was in good taste . Mr. Seymour Motioned and Mr . Hallagin seconded that : IN CASE 44-78 , RALPH SCHO~P OLDSMOBILE, 2940 SOUTH AGO~~ STREET, THE APPLICANT BE GRANTED A VARIANCE FOR THE STORAGE OF NEW CARS ON A 50 FT. SITE, WITH A 6 FT. CHAINLINK REDWOOD SLATTED SCREEN FENCE . THIS IS A VARIANCE OF THE COMPREHENSIVE ZONING ORDINANCE, SECTIONS 22 .4-9 b. (8) PRIVATE OFF-STREET PARKING; 22.4-9 f (3) HUTIMUM FRONTAGE, 100FT.; and 22 .4-9 m (1), (b) AN OPAQUE FENCE OF DECORATIVE TYPE . (2) • I • • • • • • Up on a call of the roll , the following vote resulted : AYES : Kreiling, Seymour , Hallagin, Leonard, Brown , Oliver . NAYS : None. Chairman Oliver declared the variance granted . ------------------------------------------------- CASE 47-78 TABLED until December 13 , 1978 meeting. Due to an error in the wording of the sign posted on the property and the legal notice in the Englewood Sentinel, the Board requested that the property be re-posted properly and also re-advertised in the paper . Mr . Kreiling Motioned and Mr. Seymour Seconded that : Case 47-78, D. Eugene Russell, 3295 So . Clarkson Street, be TABLED until the December 13 , 1978 meeting. (Necessary corrections were to include the requested over-lot coverage percentage resulting from the proposed garage into the required wording of the posted property sign and Englewood Sentinel Public Notice.) -------------------------------------------------- Harold M. Sales 3601 South Logan Street Case 48-78 REQUEST : The applicant is requesting a variance from the required one (1) ft. above the 100-year flood elevation and the requirement that the fill shall extend at such elevation at least fifteen (15) ft . beyond the limits of any structure or building erected thereon . This is a variance of the Englewood Flood Plain Ordinance, Section 22.4-B-6, (b),(2)-Structures to be occupied by people . This will be an addition to the existing structure. The addition will exceed 50% of the original size of the original structure . The Staff Report was read and submitted to record. Mr .. Harold M. Sales, 7319 So . Saracuse Ct. Englewood, discussed with the Board his request and his proposed plans. Mr. Oliver suggested to Mr . Sales that he relocate the bay doors of his proposed garage addition to the west end of the building. This would allow the entry to be sloped upwards allowing the interior floor to meet the one ft. above the 100-year flood elevation require-ment. Mr. Sales considered this recommendation and after further discussion with the Board regarding the possible effects on the Federal Flood Plain Insurance program, stated that he would try to re-design his (3) • I • • • • - proposed addition in compliance with the Flood Pla in Ordinance and asked to withdraw his varianc e request . Chairman Oliver stated that the record would show that Mr. Sales did WITHDRAW HIS VARIANCE REQUEST OF CASE 48-78, 3 601 SO . LOGAN ST. Mr . & Mrs . Robert L . Mel t on 4820 So . Fox Street Case 50-78 REQUEST : The applicant is requesting a variance to permit a group home fo r foste r care of children for Arapahoe County Social Services . This group home will house five (S) to ten (10) children, ranging in age from 10-16 years . This i s a variance of the Comprehensive Zoning Ordinance, Section 22.4-2 b ., Permitted Principal Uses. The Staff Report was read and submitte d to record. Mr . and Mrs . Mel t on, owners of 4820 So. Fox St., were sworn in for testimony . Mr. Melton told the Board that he and his wife wanted to take care of foster children in the form of a group home . He ) stated that the children they would be caring for would not be j uvenile deliquents, but children from broken homes or child abuse cases with possible problems at home or in school . Mr . Melton stated that he and his wife . felt they were experienced in this manner b ecause they had been house parents for a year and a half in another children's home . He further stated that he was willing to make the necessary corrections to his home as required to facilitate the children in this group h ome. ~!r . Melton said that he felt this group home would p ut needed children into the schools and would be a good way to help society . Mrs . Melton further discussed t heir experience from being previous house parents, stating that they would have no problem Je aling with theBe children . Sh~ also s aid they would b e attending training classes provide d by the Arapahoe Social Services Departmen t . Chairman Oliver dicussed the sleeping arrangements of the bedrooms with the Meltons. Mrs. Melton explained that their request had been for five to ten children . However, after the Social Services rev iewed t heir home , they stated t hat they would p ut only eight children in their home . Mr. Kreiling asked how long the Melton's had owned and lived at the property. Mr . Melton stated that they had owned the house for two years. Hr . Brown asked what t he average stay of the children would be . Mr. Melton stated that he had been told the average stay would be six to nine months with the possiblity of staying until they are on their own. Chairman Oliver discussed the necessary Building Code corrections , including the necessary escape windows required in the basement bedrooms . Mr. Melton stated that they would take contractors' bids for the required work and put a second mort g a ge on their home to pay for the rep airs . Mr . Kreiling asked when the group home would commence . Mr. Melton stated that no children would be placed in their home until all corrections had been made . (4) I • • • • - Mr . James Cosgrove, 1193 Olathe St . Aurora ; Social Servic es Administrator for Arapahoe Coun ty was sworn in for testimony . He described a group home as basically a family care home, usuall y in a private residential area, es t ablished, supervised and certified b y the Arapahoe Count y Departmen t o f Social Services , p rov i ding care for five to twelve children . He also explained t h at the children were not juvenile deliquents bu t children who had crises in their own homes . He further explained that children with more serious problems were cared for in more expensive residential child care institutions . He did not feel , however, that this type of facility was the most theraputicenvironment for the type of children he was concerned with in this case . He explained that Arapahoe county and other counties as well preferred the group and foster homes for these children as they are taken out of their own homes for long periods of time . Mr . Cosgrove described the g roup homes as operating as family units with rules , regulations and limits similar to an average home . He also stated that a case worker is assigned to the group home and makes weekly visits to help the group home parents set up these rules and regulations . Mr. Cosgrove explained that no children would be placed in the Melton's home until all the necessary corrections as required by Zoning, Fire And Sanitation had been made . He stated that the Department would be assisting the Meltons in complying with these regulations and requirements for preparing their home by offering them a guarantee of payment before all of the children are placed in the home. This would allow them financial fluidity as well as give them a chance to get used to the children that would be placed there. Mr. Cosgrove described the licensing process of screening that the Meltons had been through . He explained the r e quired training program provided by t he Social Services Department in which the Meltons would be meeting , on a regular basis , with the agency's psychologistdiscussing procedures of dealing with the children. He stated that the Arapahoe County Department of Social Services strongly recommendedthis variance of Zoning for this potential group home because of the g reat need in the community . Mr. Kreiling asked Mr . Cosgrove if he was aware that there were zoning areas within the City in which these types of homes were permissable without need of a variance . Mr . Cos grove stated t hat he kneH of these z oning areas, but it was very difficul t to find people interested in caring for these types of children especially in a restricted area . Although the Department tries to locate house parents in these zoning districts , it is very difficult . He stated that this was why so many children were placed in the residential child care facilites, which are nei t her effective ways to spend the tax payers' money nor the most effective way to treat the children . Judge Foote, from the Arapahoe District Court , stated that he was not present as a proponent for the applicants nor opponents, therefore he did not wish to be sworn in . He stated that he wished only to talk to the Board about the problem of child care facilities . He stated that he had been dealing in the juvenile division of the courts since 1965 . He mentioned that one of the problems he faced was placement of children , who , for some reason, are removed from their homes for short or long periods of time . He told the Board (5) I • • • • • about the non-pro fit organization, Court House, Inc ., formed by the judges in the district . He explained that this organization with the help of the community started the long-term placement home located on the Ft . Logan grounds . He stated that this home and others like it were expensive to operate and this was why the Arapahoe Department of Social Services was looking for alternative means of providing facilities for children at less cost. He expressed the need for child care facilities, particularly g roup homes which just cannot be found. He asked the Board to very carefully consider this case if it met all the requirements, because of the multitude of children in the county that need placement . Chairman Oliver asked how many children were in need of placement at this time. Judge Foote stated that aproximately 800 children come through the courts a year and of these, perhaps half can be returned to their homes . The others, due to the increasing number of child abuse cases must have homes found for them. He further explained that these children should n ot be sent to detention but rather protected in a family setting because they are out of their own home by no fault of their own for the most part . Mr . Abodoca, house parent of a group home at 4290 So. Jason St., Englewood, was sworn in for testimony. He stated that he cared for six girls in his home. Mr. Abodoca stated that he had lived the better part of thirty years in Englewood in this home, which he grew up in and purchased from his parents. He explained that his parents had operated a foster home for fifteen years. He stated that he felt that it had been a good experience for himself growing up with these children in his parents' foster home as well as a good experience for his own children who are now growing up with similar children in their home. He further explained that other children in the neighborhood also benefit from these experiences by seeing others who are not as fortunate as they are. Mr. Abodoca explained that he felt it was necessary that the community not turn away these children . He felt that the care of these children helped strenghen the community . He stated that several of the boys that he grew up with from his parents' foster home resided in Englewood and had responsible jobs . He stated that good training programs and good supervision were provided for the childre·n . Mr . Kreiling asked what the zoning was for Mr . Abodoca's home and why his group home was permitted . Mr . Pittman stated that Mr . Abodoca's home was in a R-1-C zone where a group home of this type was a conditional use subject to review b y the Planning and Zoning Commission . Mr . Abodoca told the Board that his g roup home which had previously been a foster home had been reviewed and approved by the Planning Commission. He further stated that he had made all the necessary Code corrections to his home as well as have yearly inspections by the Sanitation and Fire Departments for his yearly licensing. Mr . Brown talked with Mr . Abodoca about the neighborhood relations. Mr . Abodoca stated that he continuously worked with his neighbors, explaining and answering questions and working out problems which might occur . This was necessary for all new group home parents he felt. . • I • • ' • • • - Mrs. Pauline Mathews , 4885 So. Elati, speaking in opposition of th is variance, was sworn in for testimony . She told the Board that she had originally signed one of the letters of approval . After re-considering the situation, she submitted a letter recending her previous approval and stating her objection to the variance request . She further stated that after the article in the Englewood Sentinel had been published regarding the variance request, she received several calls from concerned neighbors .She and others contacted residents in the neighborhood and collected letters of objection from these residents. She submitted a collection of 57 signed letters to the Board which were marked as evidence . She explained that several of those who had signed these letters were present in support of their objection but the greater majority of residents were elderly and were not able to attend . Mrs . Mathews expressed their concern of what effect this type of variance would have on their R-1-A zone area. She stated that their primary concern was that this type of variance would open the door to other variances for other types of home based activities that would be classified as businesses. She further explained that everyone she had contacted stated that they knew of the need for foster and group home care for children, but they felt that there were proper zone areas in which these types of facilities were permissable without variance . She stated that they did not feel that this group home was appropriate in an R-1-A Zone district . Mrs . Mathews, drawing upon her pass knowledge and exp~rience as a child welfare worker for the Arapahoe County of fifteen years, discussed her dealings with group homes . She stated that she had helped in securing licensing and approval of group homes . She felt that because of the great number of children that always needed placement that it would be unlikely that the number of children that had been restricted to only eight (8) for the Melton's home would remain the same . She stated that it had been her experience that due to the pressure of finding homes for the many children, certificates had been revised to allow as many as twelve children in a group home . She felt that this could be possible in this case in the future. She further stated that although she did agree that the average time of placement in a group home was six t o nine months, she knew of many cases where placement was for long periods of time . She told the Board that she felt that types of problems that exist in group homes should not be belittled . She stated that some of the children did have serious problems, whether their fault or not, and exhibit variety of behaviors that create problems for the foster parents . These include drug abuse, sexual acting out, destruction of themselves , their homes or neighbors, theft, and physical abrasion and combativeness. She stated , however , that these reasons were not why they did not feel that the group home should not be there. She just did not want the problems that could exist to be be-littled . She also remarked that foster homes of four children or less which do not require variances could just as adequately add more children to the Englewood schools as an overcrowed group home could . Further, she stated that when she was an employee of t his department, there was not enough time (7) • I • • • • - to personally visit the group homes weekly . Most contacts had to be made by phone . She said she hoped t he situation had changed because if it had not, adequate s upervision fo r the home parent s would not be a reality . Mrs . Mathews closed by saying that it was not a matter of not caring fo r children but rather a respon s ibli ty to protect their own famil ies , home s and their investment in their homes . She suggested that the solution to the Melton's request would be to relocate their home in a suitable zoning district wher e they could have their group home without additional problems. She stated that these had been her own feelings and had not been chosen as a spokesman for those in opposition . Mr. Brown called for a ten minute recess. Mr . Dalton Nordyke, 4980 So . Fox, was sworn in for testimony to speak in opposition. He stated that he was in agreement with Mrs . Mathew's statements and asked to go on record as opposing the variance for three reasons : (1) as a resident of the area, (2) because of the proximity of the school, and (3) because he felt it would establish a precedent in the area . Mr. Ernest Barrett, 4940 So . Fox, was sworn in for testimony. Speaking in opposition, he stated that he was one of the original home owners in this area and has been in the neighborhood for an excess of twenty-five years, just as the majority of his neighbors . He explained that they had bought these homes and moved into them because of the R-1-A zoning. He stated that they had completed their responsibility in raising their families and had planned for their security and therefore wanted to preserve it. He also stated that this R-1-A zone was a very small portion of the City of Englewood and felt it also should be preserved . He stated that he felt this was a business for profit and should not be allowed in the R-1-A z oning. Mrs. I ssenburg, 4955 So . Galapag o , also speaking in opposition, was sworn in for testimony. She also stated that she felt the small R-1-A zone should be preserved . She considered it an invasion t o put a business in this area and felt it would allow other businesses to over-run the area . Mr . P it tman submitted to record four (4) other letters of opposition t hat had been rec e ived in the Building Departmen t . Mrs. Vi dg e r ,4895 So . Fox, speaking in opposition, was sworn in for testimony. She stated that she was not one of the retired residents in the area, but that she was mother of three young children . She stated that the lots on that block are small and for the number of children that the Helton's are asking care of, the lot would not accomodate that many children in her personal opinion . Mr. Cosgrove , spoke in favor of the variance again, in rebuttal of the opposition's testimonies . He again expressed the great need for group homes stating that the county has only three group homes at this time which shows the great difficulty in recruiting these types of homes. He further stated that running down of the neighborhoods had not occurred with the other group homes and he felt that the opposition was speaking in supposition . • I • • • • Chairman Oliver discussed with Mr . Cosgrove the advantages and the differences of foster homes and group homes . Mr . Cosgrove stated that group homes were more economical fe as ible as well a s more effective wa y s of help i ng the childre n t hr o ugh group therapy. Mr . Abodoca also spoke in rebuttal of the opposition. He confirmed the fact that there had been problems in the past with weekly visits by case workers for the foster care homes, but in the group homes it is more structured and it is a matter of record that the social worker has been present weekly on a regular basis f or assistance . Ms . Scrattish, 1269 Ogden, was sworn in for testimony to speak in favor of the variance . She told the Board of studies that had been done with adolescent that found that the peer group is very important . This was a big difference between group homes and foster homes. She explained that the combination of group home parents that the adolescentcan look up to and the influence of the others of their own age have a tren,endous e ·· t:P.c t. This is why group homes are preferred for ado I e : · s . :he further stated that through her scouting for prospective group home parents over the past several months, she had felt that the Melton's were the most qualified foster parents that she had found. Mr. Glenn Eloe, 4850 So. Elati, was sworn in for testimony in rebuttal of those in favor. He stated that he is a public school teacher and is not against children in any way but felt there should be a concerted effort to find the group homes in the proper zoning . Mr . Kacparek, 4860 So . Elati , was ~:worn in to testify in opposition . He stated that his primary interest was to keep from having a business established in the middle of his R-1-A zone. The Board passed around paper for signatures of those in the audiance both in favor and in opposition of the variance . The tally of the signatures was ten (10) in favor and twenty-two (22) in opposition present in the audiance. The Board discussed the evidence between themselves . Mr. Leonard read into the record the six re~uirements t he Board must follow to grant a variance . Mr . Seymour Motioned and Mr . Brown Seconded that : IN CASE 50-78 , 4820 SO. FOX STREET , ROBERT L. MELTON, THAT A VARIANCE BE GRANTED TO PERMIT A GRO UP HOME FOR THE FOSTER CARE OF CHILDREN FOR ARAPAHOE COUNTY SOCIAL SERV I CES . THIS GROUP HOME IS TO HO USE FIVE(5) TO TEN (10) CHILDREN RANGI NG IN AGE FROM TEN(lO) TO SIXTEEN (16) YEARS . THIS IS A VARIANCE OF THE COMPREHENSIVE ZONING ORDINANCE , SECTION 22 .4-2 b., PERMITTED PRINCIPAL USES . Upon a call of the roll, the following vote resulted : (9) .~~==========~~~------~ • I • • • • • .. • AYES : NONE NAYS : Kreiling , Seymour, Ha llagin , Leonard , Bro wn, Oliver . ABSENT : Dawson . COMME NTS : Mr . Kreiling stated there was no doub t of the need for t his typ e of foste r child c are and those present in the a ud i a nce in oppo sition ha d b een thoroughly informed of the opera tion and s upervision. However , s i nce the residents are adaman t in the ir convic tionsof no variance , his vote is no . Mr . Seymour stated that he also realized the need for this type o f home but after checking the number of people that would be living in that size of a home , he felt it would be doing more harm than good . He stated there would be too many people in the house and therefore his vote is no . Mr. Hallagin stated that he did not feel the children should be placed in this area where most of the people are retiring and he did not think the zoning should be changed . Mr . Leonard stated his vote was no because he did not feel they should disturb the R-1-A zone and there would be too many people for this size of house . Further, he stated that he did not feel the variance met criteria #1 , #2 , and #6 of the code that the Board has to follow. Mr. Brown stated his vote was no because of the previously stated reasons of the other Board members . Mr . Oliver stated that very few of the requiremen~that the Board must look at have been met . Further, he stated that he felt that the house is of inadequate size to house this number of children and it would be more suitable for the fewer children allowed with- out requesting a variance. Chairman Oliver stated that there had been six (6) negative votes and therefore his variance is unanimously denied . Correction to the October 11, 19 7 8 minutes was as follows : Page 7, paragraph one, Should read : The majority of the Board felt that they would prefer to address each on a case to case basis rather than see the zoning changed . With this correction , the October 11, 1978 minutes were approved by a unanimous vote . A new date of the Board's annual special dinner meeting was set for December , 7, 1978 at. 7 :00P .M. There being no further business before the Board, Chairman Oliver declared the November 8, 1978 meeting adjourned at 11 :15 P .M. Valerie Christy ft,:.("t'\,..(l<f 1""10 t!o,.....-o +-'!II-"" • I • • - • • • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION November 14, 1978 I. CALL TO ORDER. The meeting of the City Planning and Zoning Commission was called to order at 7:05 P .M. by Chairman Draper. Members present: Parker, Pierson, Tanguma, Draper, Lathrop Wanush, Ex-officio Members absent: McClintock, Smith, Williams Also present: Assistan t Director D. A. Romans II. APPROVAL OF MINUTES. Chairman Draper stated that Minutes o f October 17, 1978, and October 24, 1978, were t o be considered for approval . Parker moved: Pierson seconded: The Commission approve the Minutes of Oc tober 17, 1978, and October 24, 1978, as written . AYES: Lathrop, Parker, Pierson, Tanguma, Draper NAYS: None ABSENT: McClintock, Smith, Williams The motion carried. Mr. Smith entered the meeting at 7:10 P. M. III. ZONING DESIGNATION 4635 South Mariposa Drive R-1-C, Single-family Re sidence CASE #18-78 Mr . Draper asked for a motion to open the Public Hearing. Pierson moved : 5 Tanguma seconded : The Public Hearing on Case #18-78 be opened . AYES: Draper, Lathrop, Parker, Pierson, Smith, Tanguma NAYS: None ABSENT: McClintock, Williams The motion carried. lllr . Draper then asked for the staff report. Mrs . Dorothy Rom ans was sworn in, and testified that she is the Assistant Director o f Community Development . The matter I • ( • • • • -2- befor e the Planning Commission is the zoning designation o f property at 4635 South Mariposa Drive, which property is the subject of a petition requesting annexation to the City of Englewood . Mrs . Romans presented the Certification of Posting for the record; public notice of the Public Hearing did appear in the official City Newspaper, and she asked that the staff report be made part of the record of this Hearing . Mrs. Romans made reference to a map of the subject area, which map indicates areas remaining in unincorporated Arapahoe County, those properties which have been annexed to the City of Englewood recently, and the properties for which annexation petitions have been submitted to the City, but which are not yet annexed. Mrs . Romans stated that the subject property has been zoned R-3, Single-family Residence, by Arapahoe County for a number of years . The property to the east across South Mariposa Drive is zoned R-1-A, Single-family Residence, and is in the City of Englewood. Mr . Anderson, the owner of the subject property, is constructing a single-family house on the site for his daughter and her husband . The building permit was issued by Arapahoe County, and upon annexation, the Englewood Code Enforcement division will assume the responsibility for inspections on the construction of the unit. Mrs . Romans stated that the property is proposed to be designated as R-1-C, Single-family Residence, upon annexation to the City of Englewood. Mrs. Romans cited the topography of the area, and pointed out that it is logical that the property on the west side of South Mariposa Drive remain in a single-family residence zone classification. Mr. LeRoy Anderson 805 East Cornell Avenue -was sworn in, and stated that he is indeed building a home on this site for his daughter, and that he purchased the land approximately two years ago. He stated that some facilities are not available from Arapahoe County, such as water and sewer service, or fire service. He stated that inasmuch as he is an Englewood resident himself, he would prefer that this property be annexed to Englewood, and that he felt Englewood would realize some tax returns on the valuation of the property . He stated that there have been some problems in obtaining gas service, but he has been able to do so. Water and sewer service is available from Englewood provided the property is annexed to Englewood. Mr. Anderson stated that he cannot get water and sewer service from Arapahoe County. He stated that he feels the property has met all the requirements for annexation to the City of Englewood, and that he has tried to encourage his neighbors to annex to Englewood, also . Mr. Anderson expressed his appreciation to the staff for their efforts in his behalf • I • - • • • • • -3- Mr . Draper inquired if t he r e was anyone present wh o wished to speak either in favor of or in opposition to the matter? No one was present who wished to address th e Commission. Tanguma mov ed : Smith seconded: The Public Hear ing be clo sed . AYES: Dra per, Lathrop, Parker, Pierson, Sm ith, Tang uma NAYS: None ABSENT: Williams, McClintock The motion carried . Smith moved: Tanguma seconded: The Planning Commission recommend to City Council tha t the property commonly known as 4635 South Maripos a Dri ve be z oned R-1-C , Sing le-family Residence, upon annexation to the City of E n g lewood . The Planning Commis sion hereby adopts the Finding s of Fact perta i n ing to 4635 South Ma r iposa Drive, an d refers these Findings o f F act , as writte n, to City Council. AYES: Tan g u ma, Draper , Lathrop, Parker, Pierson, Smith NAYS : None ABSENT: Williams, McClintock The motion carried . IV. ZONING DESIGNA T I ON W. E . Ra g sdale prope rty 4535 South Santa Fe Dri ve I-1, Lig h t Industrial CASE #20-78 Mr. Draper asked tha t t h e Publ ic Hea ring be open e d. Tanguma mov ed: Smit h s eco nd ed: The Public Hearing o n Case #2 0-78 be opened . AYES: Smith, Tang uma , Draper, La throp , Parker, Pierson NAYS: None AB SEN T: Williams, McClintock The motion ca rri ed . Mrs . Romans st ated that the matt er befor e t he Planning Commission is the z oning of property on the west side o f the 4500 block o f South Santa Fe Drive, referre d t o as th e "Rags dale property". Mr . and Mrs . Ragsdale p u rchased the subject property which ad- joins their original site at 4535 South Sa nt a Fe Drive on the north , s e veral years a g o. This action caused th e City boundary to divide th eir pro perty, and t hey now have requested annexa- tion of this portion of the property t o the City o f Eng l e wood • I • - • • • • -4- Mrs . Romans presented a copy o f the Certi f ication of Posting, and stated that public notice o f the Public Hearing did appear in the official City newspaper; she further asked that the staf f report be made a part of the official record of the Hearing. Mrs. Romans noted that Mr . and Mrs . Ragsdale had requested the annexation of the portion of their property which is out- side of the City Limits ; however, the legal description of both the annexation and zoning has been extended to encompass the right-of-way along South Santa Fe Drive and the right-of- way along the railroad tracks to tie in with the City boundary on the east. Mrs. Romans stated that the Ragsdale property was zoned B-4, Business, in Arapahoe County along the South Santa Fe Drive frontage, and that Mr . and Mrs . Ragsdale have requested an I-1, Light Industrial, zone classification for their property . Mrs. Romans pointed out that the County does have B-4, Business, along the Santa Fe Drive frontage, with an I-2, Heavy Industrial, zone classification to the west . Sheridan has zoned the area which they have recently annexed west of South Santa Fe Drive for industrial development , The I-1 Zone District proposed for the subject site will be compatible with the zoning in the area. Mr. Tanguma asked if this annexation and zoning would include the manufacturing plant on the Ragsdale property? Mrs. Romans stated that this action would bring all of Mr. and Mrs. Ragsdale's property under the jurisdiction of the City of Englewood and under the I-1 Zone District. There were no further questions from the Commission. There was no one in the audience wishing to speak in favor of or in opposition to the proposed zone designation. Lathrop moved: Parker seconded: The Public Hearing on Case #20-78 be closed. AYES: Pie rson, Smith, Tanguma , Draper, Lathrop, Parker NAYS: None ABSENT: Williams, McClintock The motion carried . Lathrop moved: Smith seconded: The Planning Commission recommend to City Council that the property described as f ollows be designated 1-1, Light Industrial, upon annexation to the City of Englewood. • I • - ' • • • • -5- That part of the Southeast l /4, Northwest l /4,S e ction 9, Town- ship 5 South, Range 68 West of the 6th Principal Meridian, Arapahoe County, Colorado, described as f ollows: Beginning at the Nor t hw e st Corner o f th e South l /2 of the Northwest l /4, Sect ion 9 ; Thence South 89 °54' East a distance of 2176.45 feet; thence South 0 °06 ' Wes t a distance of 42 feet to a point ; thence South 11 °27' West 235 ,27 feet more or less to the True Point of Beginning; thenc e North 86 °12 ' West a distance of 486 ,9 feet; th e nce South 10 °47' We st a dis t ance of 192.94 feet to a point on the City of En g l e wood City limi ts line; thence South 84 °59' East along the City Limit s line a distance of 508 .19 feet mor e or l ess to th e West e rly right-o f -way of South Santa Fe Drive ; thence South 5 6 °. East a distance of 313 .96 feet more or less along the City Limits line to a point 30 feet south o f the n o rth line of West Tufts Av e nu e; thence Easterly and l ea ving the City Limits line a distance of 47 .4 6 feet more or less t o the extended c e nterline of Sou t h Windermere Stree~ the nce North 11 °27' East along th e cen ter line of South Windermere Street a distance of 219 ,7 1 feet more or l ess to a point on the City of En glewood Cit y limits li n e ; the nce Wes t e rly 30.61 feet more or less along said City Lim its line t o the West e rly right - of-way o f Sou t h Win dermere Street; thence North 11 '2 7' East along said City Limits line a distance of 451 .03 feet mor e or less to a point on the North line o f t h Sou th 1 /2 Northwest l /4 Section 9, Township 5 South, Ran ge 68 West ; t h e nce Nort h 89 °54' West along said line also b e ing the City Limits line 204.06 feet more or l e ss t o th e Easter ly ri g ht-of-w ay of Sout h Sant a Fe Drive ; thence le aving the City L imi l Li ne South 11 "27 ' We st along the Easter ly l ine of Sou th Santa Fe Dr ive a distance of 291 .85 feet to a p oint the nce orth 86 °1 2' West a dis t an ce of 125 .88 feet mor e or l e ss to the tr u e point o f beginning . AYES: Parke r, Pie rson, Smith, Tanguma, Dr a p er , Lathrop NAYS: Non e AB SENT : Williams, McClintock The motion carried. V. DIRECTOR'S CHOICE. Mr. Wanush stated t h at th e o nly item he had to discuss under Director's Choice are the Findings of Fact pertaining to the zone designation for the Oakley pro per ty in the 4600 block of South Mariposa Dr ive . The Pu blic Hearing on this zone designation was held on October 24, 1978 , Lathrop moved : Smith seconded: The Planning Commission accept and adopt the Finding s of Fact for Cas e #17 -78, pertaining to property in the 4600 block South Mariposa Drive owned b y Mr . and Mrs. Wayne Oakley, and refer the se Findings of Fact, as written, t o City Council. • I • • • • - -6- AYES : Parker, Pie rson, Smith, Tanguma, Draper, Lathrop NAYS: None ABSENT: McClintock, Williams The motion carried . VI. COMMISSION'S CHOICE. Mr. Smith asked if any information is available on the traffic patterns between Floyd and Dartmouth, Huron and Broadway? Mr. Wanush stated that there is nothing available on this particular problem ; there will be information available on the matter of curb ramps to be presented at the first meeting in December. Mr. Lathrop asked about progress on the storage at the Lay Plumbing business on Broadway? Mr. Wanush stated that he has met with Mr. Lay, and has a letter from Mr. Lay setting forth their time schedule for relocating their business. He stated that he would hope to see some action on fencing of this storage lot this week. Mr. Lathrop asked if the trash haulers were under contract with the City in any way, or how they were authorized to do business in the City? He expressed concern over the debris that is le ft after the trash is picked up --barrels thrown about, trash left in the alleys, etc. Mrs. Romans pointed out that the trash haulers are a private business . Mr. Smith suggested that if Mr . Lathrop is having trouble with the trash hauler, he should change companies as others do; the City has nothing to do with the operation of these businesses. Mr. Lathrop asked about tree limbs hanging over the sidewalks and whether there is anything that can be done about this? Mr . Wanush stated that these limbs may be cut if they hang over the public right-of-way. Mr . Lathrop stated that this situation exists in the 3200 block o f South Clarkson Street, on South Lo g an Street south o f Quincy Avenue, and in fact all over the City . Mr. Draper stated that it has been suggested that the Planning Commission have a meeting with the members of the Downtown Development Authority just to keep in touch with the progress of both bodies . He asked if other members felt this would be advisable? Mr . Smith discussed a meeting the City Council h ad with the Downtown Development Authority and the discussions regarding the Transit Center . He stated that he was quite disturbed at the attitude expressed by members o f the Downtown Development Authority regarding the Transit Center, particularly in light of the many months of meetings and work with RTD on the proposed location. He pointed out that the Planning Com- mission and City Council have both recommended that the Transit I • • • • -7- Center be located on the City-owned property in the 3300 block between Girard and Floyd, Bannock and Acoma . The final recom- mendation of RTD was that the Tra n sit Cent e r be located on the west side of the City-owned site ; that it would be totally con- tained within this site, and there would be eight bays that could be entered without leav ing the site. Mr. Smith stated that it seems to be the attitude of at l ea st half of the Down- town Developme nt Authority members that the Transit Center should not be at this location; others seem to feel that it is not needed at all. Mr. Smith stated that con cerns expressed were that one businessman didn't want a bus stop in his "back yard"; another stated that this was not the site that was presented and discussed as the location for the Transit Center, and th~ another concern was expressed by the Continental National Bank on the location of the Transit Center on the Bannock Street side of the lot . Members of the Downtown Deve lopme nt Authority also quest ioned the replacement of parking spaces that may be lost through dev e lopment of the Transit Center on this site . Mr. Smith stated that he felt t his is not the concern of the Downtown Development Authority, that the City is obligated to replace any parking that may be lost as a result of the loca- tion of the Transit Ce nter. Mr. Smith emphasized that RTD is 90 days from Public Hearings on the funding of the Transit Center, and he felt that the Planning Commission should go on record reaffirming their support of the RTD Transit Center on the City-owned site. Mr. Lathrop pointed out that there have been meetings for over one and one-ha lf years on the matter of the Transit Center need and location. He asked how many of these individuals who now appear to be in opposition attended these meetings . He e mphasized the fact that there was considerable publicity abou t the location of the Transit Center in the news media also. Discussion ensued . It was determine d that the staff be asked to set a meeting between the Planning Commission and the Downtown Development Authority on November 28th, at 7:00 P.M. Mr. Lathrop asked what was being done to prevent coal trains from blocking intersections? Mr. Wanush stated that he knew of no progress in this area. Mr. Smith stated that there is an ordinance befor e the City Council pertaining to this matter, and that he would assume the City Council would be getting into the problem in depth in the near future . Mr. Wanush announced that there is a seminar scheduled for November 18th, which will be sponsor ed by the Colorado Municipal League, to be held at the Cinde rella City Real Estate Mart, regarding the new zoning techniques, contract zoning, conditional zoning, etc . This seminar will begin at 8:30A.M., speakers will include Kirk Wickersham and John Criswell. This is an all day meeting, and Commission members were invited to attend. I • • • • • - -8- VII. LARWIN SITE Tom Regan/Sternberg CASE #21-78 Mr. Wanush stated that Mr . Tom Regan and Mr . Gene Sternberg have been invit e d to informally present their plans for develop- ment of the vacant portion o f the Larwin site . Mr . Wanush stated that Mr . Regan and some other investors have control o f the vacant portion o f the sit e and are interested in the development of this land. Mr. Sternberg has been retained as the Architect to develop a revised site plan. Mr . Wanush emphasized that this is not a f ormal application at this time . Mr. Regan stated that he and other investors have purchased the vacant land on the Larwin site, and if it were to be developed as originally proposed, it would be extreme ly congested and there would be little open space . He added that he personally does not care f or the desi g n o f the existing structures. The proposal that his people have come up with is for a condominium development, with two-story townhouses on the eastern edge near the Kent Village development and interspersed throughout the site, along with several 10-12 story mid-rise structures. Mr. Re gan emphasized that the exterior o f all structures would be brick to match the Kent Village development. Mr. Regan stated that the revised plan retains the number of units approved pr e - viously; however, by a rearrangement of the units and increasing the height of the mid-rise buildings, there is much more open space. Mr. Regan stated that the townhouse units will have a basement, first and second floor; the mid-rise units will be 10-12 stories, with nine units per floor, and the units will be 1,000 sq. ft. or more per unit. The townhouse units will have garages, and the mid-rise units will have two floors o f underground parking . The over-all parking ratio will be at least two spaces per unit. Mr. Regan noted that the number ~ mid-rise structures will decrease from 10 to 8, but the overall height of these structures will increase. Mr . Sternberg cited the fact that the recorded plan shows 25% open space, with 75% lot coverage; the proposed plan indicates a 75% open space with 25% building coverage ratio. Mr. Re g an pointed out that the mid-rise buildings will be 10 to 12 stories, and that the dimensions of the buildings will be essentially the same as those which are approved --two feet wider and 10 feet longer. Mr . Tanguma inquired about fire fighting capabilities on structures this tall? Mr. Wanush stated that the structures would have to sprinklered, and meet the other requirements of the Fire and Building Codes. Mrs. Pi erson inquired as to whether the mid-rise structures would be condominium units as well as the townhouse units? Mr. Regan stated that the entire development would be condominium units. The one-bedroom units with den, which would have ap- proximately 1,000 square feet in floor area, would probably start at around $60,000, but this is not a firm figure. Mr • I • • J (_ • • • ,. - -9- Regan stated that the eastern portion of the site would be de- veloped a• an adult area, with the larger units f or fami lies on the middle and western sections of the site. Mrs. Pierson asked if this would be a total development, or a phase-develop- ment procedure ? Mr. Regan stated it would be developed in stages, and they would want to begin on the eastern boundary adjacent to the Kent Village development . Mrs. Pierson asked about the active recreational areas that were proposed in the Larwin Sit e? Mr. Regan pointed out areas that would have in- door swimming pools, and the fact that tennis courts are inter- spersed throughout the open areas. Mr . Lathrop asked if the development would have elevators and supplemental generators such as were included in the Simon Center? Mr. Regan stated that the construction would have to meet the Fire and Building Codes. Mr. Smi th asked for comments from members of the audience on the proposed plans. Mr. Allott, a resident of Kent Village, stated that this particular plan was presented to them this evening, and they had not had an opportunity to view it previously . Mr. Richard Brown, Kent Village, stated that a meeting has been set for November 22nd to discuss the plans. This meeting will be with the Kent Village residents and people from Cherry Hills Village people. He stated that he could not make a formal statement at this time on behalf of these people. Speaking as an individual, he stated that he feels this plan as presented this evening , is a great improvement over that which was approved in 1972. He stated that he felt there may be need for further discussion on the placement o f buildings, but does feel that this is a step in the right direction. Mr. Brown stated that he is aware that residents of Cherry Hills Village are very concerned about traffic, and whether the streets can carry the number of cars that will result from the total development of the site to the density that has been approved •. Mr. Tanguma asked if the design of the buildings would be similar to what is approved and constructed on the site now? Mr. Regan stated that they would not; the tow nhouses would be like the Kent Villa ge development, and he would envision the mid-rise development to be like the Marion Parkway towers. Discussion ensued. Mr. Sternberg discussed the change in his architectural style, stating that he feels he is now more "open space conscious" than he was 20 years ago. He stated t hat he does not regard this ns a project, but as a neucleus of a neighborhood. Mr. Sternberg stated that he hopes to have a two-mile jogging and cycling lane within the project. The access lanes are designed to give access to the "private" parking areas. He pointed out that over half of the parking will be underground, and that the greenery and open space will be greatly increased • • I • • • • - -10- Mr . Draper inquired about the water and sewer service? Mr. Regan stated that this development would have Englewood water and sewer service , Mr. Wanush stated that the existing plan was approved by the Planning Commission as a Subdivision Waiver , The staff has proceeded on the assumption and has told prospective developer s, that if they came in with plans to build to the existing site plan, they may do so , Any changes would require an amendment of the Subdivision Waiver, and would have to be approved by the Planning Commission . Mr. Wanush emphasized that this was the nature of the ini t ia 1 contact with Mr. Sternberg; however, Mr. Sternberg returned with plans that the staff felt were so much better than the existing plan that it was suggested he pursue a possible amendment to the Subdivision Waiver by talking to the Planning Commission. Mr . Wanush stated that the next step would be for Mr. Regan to submit a formal reqcest for an amendment to the Subdivision Waiver . The request may be sub- mitted in whatever detail the Commission wants. He noted thm discussion has centered aro und exterior changes, parking and open space changes. In terms of the process, there is no formal Public Hearing required, but Mr. Wanush stated that he felt there should be public input on this matter. Mr. Wanush stated that he realized that one o f the concerns was whether the project would be c o mpleted; he stated that n o guarantee can be given on something like this, because of the market conditio ns, which vary dramatically . A develo per cannot be forced to build a project if the market conditions are un- favorable . Mr. Tanguma asked if the amendment were approved, whether these plans would take the place of those that are existing? Mr. Wanush stated that formal action would be requ ired to amend the Subdivision Waiver, and that the plans approved by the amendment would be recorded and would replace the existing plans. Mrs. Pierson asked if the Commission could recommend which phase would be constructed first? Mr . Wanush stated that he felt this would have to be discussed with legal counsel before he could state definitely, Mrs. Pierson stated that the Com- mission could take into account exterior finishing, parking location, etc. in their consideration of the site plan. Mr. Wanush stated that this is correct. Discussion ensued. Mr. Regan stated that the next question ~ whether he should file a formal application to amend the Sub- division Waiver? It was the concensus of the Commission that Mr. Regan should proceed to file a formal application , Mr. Lathrop questioned if the Commission would be giving approval phase-by-phase? Mr. Wanush stated that he felt the amendment should be considered on the total vacant area and if further changes need to be made, they should be approved by the Com- mission at that time. • I • • • • • -11- Mr. Allott stated that he wanted it understood that his silence on the matter does not mean he approves of the proposal. He stated that the impact of the traffic fr om such a development may be mitigated, but it will not be eliminated. Mr . Allott stated that he was sure there would be input from the residents of Kent Village and Cherry Hills Village r e sidents. Discussion on the matter of traffic ensued. Mr. Wanush stated that a study in Lakewood indicated a traffic factor of nine to ten trips per day per unit . Mr. Tanguma asked if solar heating had been considered in this development . Mr. Regan stated that solar heating is not con- templated in this development ; gas heating will be used, and that he felt the gas taps would be available by the time the units are ready for occupancy . Further discussion ensued. Meeting adjourned at 9:00 P.M. • I • • • • • • -12- MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE: November 14, 1978 SUBJECT: Zoning Designation RECOMMENDATION: Smith moved: Tanguma seconded: The Planning Commission recommend to City Council that the property commonly known as 4635 South Mariposa Drive be zoned R-1-C Single-family Residence upon annexation to the City of Englewood . The Planning Commission hereby adopts the Findings of Fact pertaining to 4635 South Mariposa Drive, and refers these Findings of Fact, as written, to City Council . AYES: Tanguma, Draper, Lathrop, Parker, Pierson, Smith NAYS: Non e ABSENT : Williams , Mc Clint ock The mo tio n carri d . By Ord r of th Cit P la n ni n g and Zo ning Coami ion. • • I . • ( • • • • CITY PLANNING AND ZONING COMMISSION ENGLEWOOD, COLORADO IN THE MATTER OF CASE NO . 18-78, ) FINDINGS OF FACT, CONCLUSIONS, ) AND RECOMMENDATIONS RELATING TO ) THE ZONING OF PROPERTY IDENTIFIED ) AS THE ANDERSON PROPERTY WHICH IS ) LOCATED AT 4635 SOUTH MARIPOSA ) DRIVE, WHICH PROPERTY IS THE SUB-) JECT OF A PETITION REQUESTING ) ANNEXATION TO THE CITY OF ) ENGLEWOOD, COLORADO . ) -13- The zoning of the land identified as 4635 South Mariposa Drive was considered at a Public Hearing before the City Planning and Zoning Commission on November 14, 1978, in the Council Chambers of the Englewood City Hall . The following members of the Commission were present : Mr. Draper, Mr. Lathrop, Mr. Parker, Mrs. Pierson, Mr. Smith and Mr. Tanguma. Mr. McClintock and Mr. Williams were not present during the Public Hearing. FINDINGS OF FACT Upon review of the evidence taken in the form of testimony, presentations, reports and filed documents, the City Planning and Zoning Commission makes the following Findings of Fact: 1 . That a petition has been received by the City Council requesting the annexation of the subject property to the City of Englewood and said petition is being considered by the members of the City Council . 2 . That the zoning of this property was initiated by the City pursuant to Sections 22 .1-5 and 22 .1-7 of the Comprehensive Zoning Ordinance and Section 31-12-115(2) of the Municipal Annexation Act of 1965, as amended . 3 . That notice of the Public Hearing at which the zoning of the subject property was considered, was given by posting the property and by publication in the o f fic~al City newspaper . 4 . That the land which was the subject of the Hearing on November 14, 1978, is described as follows: • I • - r --.1' • • • • -14- Beginning at the Northwest corner of Plot 13, Bell Isle Gardens, Arapahoe County, Colorado; thence South 12 °55' East a distance of 165.74 feet to the tru e point of beginning ; thence continuing South 12 °55' East for a distance of 100 feet more or less to a point on the City Limits of Englewood, Colorado; thence leaving the City Limits of Englewood, Colorado, North 89 °47' East a distance of 154 feet more or less to a point on the City Limits of Englewood; thence North 12 °55' West along said City Limits of Englewood a distance of 100 feet more or less ; thence South 89 °47' West and leaving the City Limits of Englewood a distance of 154 feet more or less to the true point of beginning ; said tract of land containing ,353 acres more or less . 5. That the land has been zoned R-3, Single-family Residence, by Arapahoe County since the early 1960's. 6. That a single-family dwelling is being constructed on the site at this time , 7 . That the topography of the site and the location of the site in proximity to residential development is such that it should continue to be zoned for single-family residential use . 8 . That the R-1-C, Single-family Residence District, would be compatible with the adjoining residential development in the unincorporated area of Arapahoe County and with the residential development within the City of Englewood to the east. 9. That the proposed R-1-C, Single-family Residence, zoning will be compatible with the Comprehensive Plan. CONCLUSIONS 1. That the proper notice of the Public Hearing to consider the zoning of the subject property was given; 2 . That the proposed R-1-C, Single-family Residence zone classification will conform with the Comprehensive Plan; 3. That the proposed R-1-C, Single-family Residence zone classification will permit the development which is in progress on the site and will be compatible with the adjacent development . 4. That the proposed R-1-C Zone District will be a logical continuation of the single-family residence zoning which has been imposed on the site by Arapahoe County • I • - • • • • -15- RECOMMENDATION Therefore, it is the recommendation o f the City Planning and Zoning Commission to the City Council that the above described property which is the subject of a petition requesting annexation to the City of Englewood, Colorado, be zoned R-1-C, Single-family Residence, upon annexation to the City , Upon the vote on a motion made at a meeting of the City Planning and Zoning Commission on November 14, 1978 : Those members voting in favor of the Motion: Mr . Draper, Mr. Lathrop, Mr. Parker, Mrs. Pierson, Mr . Smith and Mr. Tanguma, Those members opposed to the Motion: None. Those members absent: Mr. McClintock and Mr. Williams. By Order of the City Planning and Zoning Commission . • • I . - • • • • • -16- MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE: November 14, 1978 SUBJECT: Zoning Designation -I-1, Light Industrial RECOMMENDATION : Lathrop moved: Smith seconded: The Planning Co~~ission recommend to City Council that the property described as follows be designated I-1, Light Industrial, upon annexation to the City of Englewood. That par t of T.h !> Sou t!:e:>st l /', l··~!·thl"e si . J ;4 ,S e ction 9, Town- ship 5 Sou .i1, R· ll se 68 We ·t o f ~l ··: Gtb Pr ::.ll cipa l Me ridian, Arapahoe Co un ty, (•1 1 :)~-;;d·:J, d e~<'rl.b~cl .. :;: 1:ol~o ws: Beg inning at t h e Nort hwe<;;t corr.-<:?:r o f t:1 ' ~·o n t lt /!:: o f t '":e Nort hwest l /4, Sec tion S ; :JJ ''<:::::" So <<t' 8 9 °5 •1 · E ,~t :1 Ji str-~n ce o ::.· 2 17 6.45 feet; thence Sou t h O"OG ' ~e s t a di ~~once 0f J2 ! et to a point ; thence Sour!! ::.r ·_-r • i'es t 23 .-; 27 _: . ..,r,r_ n·or::-m · less t o the True Poin t o f Be t;i:-uj:tg; t!~e nc e ~:o r th ~f.'l2' i'l0.s t a dis t a nce of 486 .9 fee ~: t hence Sou th 10 "47 ' '~~: ~ ~i ~~~nc e of 192 .94 feet to a point on the C ~;;y of E n r;lew o~'d C J ~:y U :1 i t s line; thence South 84 c59• E ~t s t alortg the C:i ty Ll mi t s l:t!lE' a distance of 508 .10 feet mo re or les s t o t he We s terly r 1 g h t -of-way of South Santa Fe Dr ive : t h e:1c ::: Sout h 56 " E:'l<:t a d js t ance of 313.96 feet more or l ess :> lor~b th e· Ci ty Li:ni t:', li n e t o a poin t 30 feet south o f the nor~h line of W~st TJfrs Avenu0; thence Easterly and leav ing ;;h e Cit ~ L.:.rn>.~s l:'..ne a J.Ls1.<'i 1C e of 47 .46 feet more or less to the exte nd ed cc n ter l ir~ 0f j.ut h Wi ndermer e Stree ~ thence Nor :t: 2.1 °27 • Eust a lo·1 g t h .. cc~te r line o f South Windermere Street a d ista n ce o f 4 19 .7 1 f e et mort:: o r l ss to a point on the City o f En g l ew oo d Ci t y linit s line; t~e nc e Westerly 30 .61 feet more or less along s aid Ci t y il'i1i ts line t o the We st er ly right- of-wa y o f Sou t h l(i:J dern'!:'re S tr ,...t; th e n c No r th 1 1 °27' East along said City Limits l ice a dist anc of 151 .03 feet more or l e ss t o a point ou 1:h '2 ;'o, ~h li n e o f t!JE> <:o u ._IJ :.,'2 Not·thwest 1 /4 S e ction 9, Township 5 So u th, Range GS West; thPnc e North 89 °54• We s t along said li ne also b e ing the City Li mjts lin e 204 .06 feet mor e or l ess to th e Ea sterly righ t -ot-w~y o f ~ou~h Sa n t a Fe Drive ; thence leavi ng t~t') Ci t:; Limi t s LL.,. South 11 27' West along the Easterly line o i South Santa Fe Dr ive a d i stanc e of 291.85 feet to a p o int thence North 8G 0 l2 ' ~-st :-dist ance of 125 .88 feet more or less t o the tr u e pc:tr.t of l.J eg i nn i n g . • I • - • • • • • • AYES: Parker, Pierson, Smith, Tanguma, Draper, Lathrop NAYS: None ABSENT: Williams, McClintock The motion carried. By Order of the City Planning and Zoning Commission. ~:.:du-4 !i ~ef-~rude G. Welt · cording Secre ry • -17- I • • • • • • -18- MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE : November 14, 1978 SUBJECT: Findings of Fact -Case #17-78 RECOMMENDATION: Lathrop moved: Smith seconded: The Planning Commission accept and adopt the Findings of Fact for Case #17-78, the zoning designation of property in the 4600 block South Mariposa Drive owned by Mr. and Mrs. Wayne Oakley. AYES: Parker, Pierson, Smith, Tanguma, Draper, Lathrop NAYS: None ABSENT : McClintock, Williams The motion carried . By Order of the City Planning and Zoning Commission . • I • • ( • • • • CITY PLANNING AND ZONING COMMISSION ENGLEWOOD, COLORADO IN THE MATTER OF CASE NO. 17-78, ) FINDINGS OF FACT, CONCLUSIONS ) AND RECOMMENDATIONS RELATING TO ) THE ZONING OF PROPERTY IDENTIFIED ) AS THE OAKLEY PROPERTY WHICH IS ) IN THE 4600 BLOCK OF SOUTH ) MARIPOSA DRIVE, AN AREA WHICH IS ) THE SUBJECT OF A PETITION RE-) QUESTING ANNEXATION TO THE CITY ) OF ENGLEWOOD, COLORA DO . ) -19- The zoning of the land identified as the Oakley property which is located in the 4600 block of South Mariposa Drive, was considered at a Public Hearing before the City Planning and Zoning Commission on October 24, 1978, in the Council Chambers of the Englewood City Hall . The following members of the Commission were present: Draper, Lathrop, Parker, Pierson, Smith, Tanguma and Williams. Mr . McClintock was not present during the Public Hearing. FINDINGS OF !!£! Upon review of the evidence taken in the form of testimony, presentations, reports and filed documents, the City Planning and Zoning Commission makes the following Findings of Fact: 1. That a petition has been received by the City Council requesting the annexation of the subject property to the City of Englewood and said petition is being considered by the members of the City Council . 2 . That the zoning of this property was initiated by the City pursuant to Sections 22 .1-5 and 22 .1-7 of the Comprehensive Zoning Ordinance and Section 31-12-115(2) o f the Municipal Annexation Act of 1965, as amended . 3 . That notice of the Public Hearing at which the zoni ng of the subject property was considered, was given by posting the property and by publication in the o ff icial City newspaper . 4 . That the land which was the subject of the Hearing on October 24, 1978, is described as follows: • I • • • • • -20- Beginning at the Northwest corner o f Plot 13, Bell Isle Gardens, Arapahoe County, Colorado . Thence South 12 °55' Eas t a distance of 579 .14 feet to the true point o f beginning, said true point of beginning also being a point on the City Limits line of Englewood, Colorado ; thence continuing South 12 °55' East along said City Limits of Englewood, Colorado, a dis ta nce of 275 feet to the southernmost corner of Plot 13, Bell Isle Gardens ; thence North 08 °05' East along the City Limits of Englewood a distance of 271 feet more or less; thence South 89 °47' West and parallel with the northern line of Plot 13, a distance of 99.6 feet more or less to the true point of beginning; said tract of land containing .307 acres more or less . 5 . That the land has been zoned R-3, Single-family Residence, by Arapahoe County since the early 1960's . 6. That the topography of the site and the location of the site in proximity to residential development to the north and east and to the City of Englewood Reservoir on the west is such that it most logically should continue to be zoned for single-family residential use . 7. That the R-1-C, Single-fami ly Residence District, would be compatible with the residential development in the unincorporated area to the north and with the residential de- velopment within the City of Englewood to the east. 8. That the proposed R-1-C, Single-family Residence, z oning will be compatible with the Compr ehensive Plan. CONCLUSIONS 1 . That the proper notice of the Public Hearing to consider the zoning of the subject property was given; 2 . That the proposed R-1-C, Single-family Residence zo ne classification will conform with the Comprehensive Plan ; 3 . That the proposed R-1-C, Single-family Residence zone classification will permit development which will be compatible with the development to the north and east of the subject site and will be a logical extension of the single- family residence zoning . RECOMMENDATION Therefore, it is the recommendation o f the City Planning and Zoning Commission to the City Council that the above described property which is the subject of a petition requesting annexation to the City of Englewood, Colorado, be zoned R-1-C, Single-family Residence, upon annexation to the City • • I • - • • • • • • -21- Upon the vote on a motion made at a meeting of the City Planning and Zoning Commission on October 24, 1978 : Those members voting in favor o f the motion: Mr. Draper, Mr . Lathrop, Mr. Parker, Mrs. Pierson, Mr . Smith, Mr . Tanguma and Mr. Williams. Those members opposed to the motion: None. Those members absent: Mr . McClintock. By Order of the City Planning and Zoning Commission • • I • • - ( • • • • • • ENGLEWOOD PUBLIC LIBRARY BOARD MINUTES December 12, 1978 The Englewood Public Library Board held its regular meeting on December 12, 1978, in the Library meeting room. Present: Busch, Mueller and Sterling . Absent: Beaver, Bennett, Clayton, Cloughesy, Lighthall and Shattuck . Also Present: Harriet Lute, Director of Libraries Eileen Browne, Recording Secretary. Sue Mueller, Chairman, called the meeting to order at 7:30 p.m. Due to the lack of a quorum it was agreed that a Special Meeting would be called on December 26, 1978, at 10:00 a .m., in the Library meeting room. The meeting was adjourned at 8:15 p.m . • 5 I • • ( • • • • MINUTES COUNCIL MEETING DENVER REGIONAL COUNCIL OF GOVERNMENTS NOVEMBER 15, 1978 Present: Vesta H. Miller, Vice Chairman Harold Hodges, Secretary-Treasurer Robert F. Cleme nt William V . Cobern Harold V. Cook Doris Durdy Frederick Fisher Sa m Harper Beth Je nkins James Lauratis Jim Lee Gary Lewman Maggi Markey Norbert Meier Cathy Re ynolds John Ruhn ka Michael Schonberg Norman A. Smith C arl Wink ler Also Present: City of Arvada City of Northglenn Jefferson County City of Aurora City & County of Denver City of Brighton Greenwood Village City of Littleton Cherry Hills Village Town of Erie City of Lakewo od City of Wheat Ri dge Boulder County City of Louisville C ity & County of Denver Town of Black Hawk City of Thornton City of Broomfield Douglas C ounty Robert D. Farley, Executive Director, DRCOG; and various members of the DRCOG Staff. Vice Chairman Miller called the Public Hearing to order a t 7:30 p.m. Roll was called and a quorum declared present. Public Hearing on Plan Amendments Vice Chairman Miller convened the Pub lic Hearing in accordance with establi shed Council procedures for public hearings on pla n amendments. The foll owing t hree plan amendments were discussed: • 5 I • • • COUNCIL MINUTES NOVEMBER 15, 1978 Page two ,. • • • 1. Denver's Amendment to the Regional Development Plan and the Region III Regiona 1 Parks, Recreation and Open Space Plan which would change the land use designation for the area known as the Gran~ Ranch from a proposed park to one that would permit full urban development. 2. Amendment by the City of Englewood to the Regional Highway Plan to reclassify Hampden from Santa Fe to University Boulevard as a principal arterial in place of its present classification as a limited access facility. 3. An amendment proposed by the City of Westminster to change the regiona 1 Street and Highway Plan by, 1) the addition of a principa 1 arterial link between 92nd Avenue at Pecos to 88th Avenue at Wadsworth Blvd.; and 2) the reclassification of 88th Avenue between Wadsworth Boulevard and Federal from a principal to a major arterial. A number of persons submitted comments and written testimony and a complete summary of the proceedings is attached to and made a part of the file copy of these minutes. Final action will be requested by Council in December on the proposed amendments. The Public Hearing adjourned at 9:00 p.m. After a five-minute recess, the Vice Chairman called the Council meeting to order at 9:05p.m. Vice Chairman Miller welcomed James Lauratis as the new Council representa- tive from Erie; and Norbert Meier new representative from the City of Louisville. Minutes of October 18, 1978 Council on motion by Mr. Lewman, supported by Mr. Smith, unanimously approved the minutes of the October 18, 1978 meeting as mailed. Summ ary of the Executive Committee Meeting of November 1, 1978 Copies of the summary were distributed to Council. I . c • (:.:OU NCI L M INUTE S NOVEMB ER 15 , 197 8 Page four .. 1979 DRCOG We ig hted Vo ting Formula • • • P ursuant t o the Articles of Ass o ciation, Article VII, Section 6(b) (ii) providin g that the Formula for Weighted Voting be adopted at a regular meeting of the DR COG, preceding January 1st of each calendar year, Council was requested to ad o pt t h e resolution providing for the 1979 Weighted Voting Formula. Program Committee reviewed the resolution and formula at its meetin g and unanimously recommended Council adoption of the resolution. Mrs. Jenkins and Mr. La uratis both noted their objection to having a Weighted Voting Fo rmula in existence, even though it has never been used by the Council. Council on motion by Mr. Hodges, supported by Mr. Lee , adopted Resolution No. 30, 1978, A Resolution Adopting the 1978 DRCOG Weighted Voting Formula. (A signed copy of Resolutio n No. 30 , 1978, is attached to and made a part of the file copy of these minutes.) The motion carried with several nay votes. Review and Rec o mmendation on Area Plan for Aging Vice Chairman Miller stated that the Aging Advisory Committee and the DRCOG Program Committee both recommend Council adoption of the resolution. The 1979 Area Plan is to be submitted to the Division of Services for the Aging, State Department of Social Services by November 15, 1978. This is the fifth annual Area Plan for Services to the Aging. The Plan includes forms and a format prescribed by the related state and federal agencies, part of which is routine descriptive data. The summary attached highlights the more crucial issues in the plan which will help facilitate Council's review. For the coming fisca 1 year, the Executive Committee has approved distribution o f $4 77 ,006 i n federa I funds to finance 19 pr ograms for the elderly. The C ommittee authorized $16 9, 721 for programs offering home service s; $117 ,000 for mu lti -ser v ice centers ; $126 ,581 for transpo r t atio n services ; $5 4,000 for legal services and $9,804 for special services. C o unc il o n mo ti on by Mr. Mirelez, supported by M r. Cobe rn, u nanimously ad o pted Resolution No. 31, 197 8, A Resolution Adopting a 1979 Area Plan f or Delivery of Services t o th e Aging . (A signed copy o f Reso l ut i o n No . 3 1 , 1978 , is attached to and made a part o f t he f ile c o py o f these minutes.) • I • • • C OUNCIL MINUTES NOVEMBER 15, 1978 Page five Air Quality SIP Discussion • • • Vice Chairman Miller stated that the Program Committee this date discussed the recommandations of the Clean Air Task Force and made several recommen- dations to Council on those items. A memo was distributed to Council outlining the items discussed and the Program Committee recommendation was discussed. Council was requested to adopt a resolution stating that DRCOG approves the Denver Regional Element of the State Air Quality Implementation Plan and recommending its adoption by the Colorado Air Pollution Control Commission. The Plan calls for increased auto emission controls, more utilization of public transit, carpools, vanpools and bicycles and additiona 1 study to develop programs on particulate controls, high occupancy vehicle lanes, coordinated traffic control systems, variable work hours and public education. Council on motion by Mr. Cook , supported by Mr. Cobern, unanimously adopted Resolution No. 32, 1978, A Resolution Approving the Denver Regional Element of the State Air Quality Implementation Plan and Commitment to Establish a Continuing Program for Planning and Implementation of Reasonably Available Strategies for the Attainment of the Nationa 1 Ambient Air Quality Standards in the Denver Region by the Prescribed Deadlines. (A signed copy of Resolution No. 32, 1978, is attached to and made a part of the file copy of these minutes.) In response to a question from Council, staff was asked to secure any available information concernir.g the lawsuit that the City of Pueblo has filed ago inst the Environmental Protection Agency on fugitive dust. Report of the Executive Director Mr. Farley reported that a joint effort is still being pursued with DRCOG , Denver, Aurora , and Lakewood to file an application with the Demonstration Program on Economic Development and Air Pollution. The Air Carrier Study is proceeding and DRCOG has filed a grant application with FAA seeking up to $412,500 to fund a three-year study to determine a new site location for an air carrier fac1llty to replace Stapleton. The Executive Committee is expected to select a consultant to undertake the study at its January meeting. Local matching funds for the study will be provided by • I • - ( • COUNCIL MINUTES NOVEMBER 15 , 1978 Page six • • • Staple ton revenues through the City and County of Denver in a contract to be voted upon by the Executive Committee in December. The study should be initiated by March. DRCOG will submit an application for continuing air quality work in the coming 12 months. DRCOG .is still pursuing a contract for a Regional Economic Development Study with the Department of Commerce, funding in a second round seems assured. The Executive Committee authorized negotiation of a contract for public relations services with a consultant on the Rideshare Program and the program should begin in January. Adjournment There being no further business, the meeting adjourned at 9:35 p.m. ATTEST: Robert D. Farley Executive Director William Thornton, Chairman • I . ( • • • • 5 AMERICAN SOCIETY OF PLANNING r :riALS --Ap ril 29 t o May 5 , 1 978 . Indianapolis, Indiana. Marten E . Lathrop It is is held f or t he purpose of planning the future of th e American way of life --as to residential flood controls, water drainage, city government, state and federal; farming, mining, water. Planning a city lay-out --residential districts, commercial and light industry, heavy industy, parks, business districts, apartments, schools, transportation, highways, city traffic layouts. There were seminars on anything held at the Conference --how to develop housing districts ; how to develop for the housing for the elderly retired and handicapped. There is an area --35 block square --and it is being re- developed. It is being developed to originality --that is for historical preservation, and the Historical Committee has to approve any plans for the area . There cannot be anything done until it is approved by the Committee, and that includes shrubs in the yard, remodeling, paint --all has to be checked for coinciding with the area. Not even a spindle on the porch without the approval of the Historic Preservation Committee. The City is blessed with plenty of open ground and area. The city owns lots of open land and they also own a lot of buildings for redevelopment. The city owns the ground and building that is the Hyatt Regency Hotel. The City owned the ground and built the hotel as per Regency specifications, then leased it to the Regency Hotel Corporation. They did this to get the revenue for the Ci t y . This applies to many of the business enterprises in Indianapolis . The Marriott Hotel is a vacant building . They are looking for a developer or private enterprise t o lease it to to gain th e revenue from it . Also, the old Union Station is vacant, and the same thing applies to it . Many parking lots are ci t y-owned, operated by attendants at the lots . The City is blessed by open space so there is a lot of City greenery and trees e verywhere . The streets are wide, and well- lighted ; the curbs are all cut for wheelchairs and the handi- capped . Government Money: The Governor of Indiana and the Mayor, William Hudnutt, do not want government money . They want private money by private people or developers to develop in- stead of getting loans from the government to do it with . They claim that what the government builds or has a part in is usually poorly managed, and as usual, the thing fails • • I • • ( • • • • And then leaves [the project] ~· t 3 e C ity's bands to pay for , and that the biggest part of the time was just a white elephant for them to take ove r and do something with. As to helping the poor and elderly, the City has over 900 garden plots that they can rent for the season for $5.00 ; this includes roto-tilling and also seeds and some tomato plants. They also have a canning factory that will can fruits and vegetables for 5¢ a can. Woodside Edition is another historic preservation area. Every- thing has to be put back to original type house or building , The committee watches what they do that is according to the historic plan . You don't take a historic house and build a modern-day garage --it has to be a compatible garage to g o with the bouse, and then on approval , Some of the houses are 10 -12 -15 room houses . If they work a street, and it is a cobble-stone street, it has to go back to cobble-stone --they save every stone. The medians are being rebuilt . All the fountains are being repaired and rebuilt to originality. Environmental Program --was none. Weeds, trash and litter full lots of nothing but dandelions. But while I was there, they came out with their new program and hired a full-time judge for it. He was on T.V. and said it was going to be in full swing, and the first offense fine would be $300 and that you would be guilty when you came to Court, and that no one would be cited if they are not guilty. They had been trying to do it the nice way, with inspectors asking people to do things that never got done, so he, the Judge, said that was yesterday --today is a new day. I think ASPO is one real good program . It brings together Planners from all over the U .S . and where someplace is having a problem, or even many problems, someplace else has had them and have worked them out, which tells some one how to do it . ASPO is truly a working program. We need more like it . • I . ( ( ( • • • • 11:30 A.M . Monday. Back from the Historic tour o f several areas of the residenti al a reas that have been developed or being developed . Som e of it was like they have in Denver . It looked like the places are falling down, but not one of them can be torn down ; they hav e to be restored to the original --as to wha t they were when first built . There was three bus loads of us --big metro transportation buses like R .T .D. buses . At 2:00 P .M. to 5 :00 P.M . is the Motor Speedway tour . They went on a 12 square block walking tour . I stayed at the bus and you should have saw those Florida folks when they g ot back ---red fa ced, noses and ears, and no top coats . The wind is blowing and cold as the dickens . No. 6: Indianapolis Historic Preservation program-Monday, May 1 . 1. 2. 3 , 4. 5 , 6, 7 . 8 . 9 . 10 . 11. 12 . 13 . 14. 15 . 16. 17 . 18. Union station . Washington Street thru circle The Diagonal h a s four Diagonals World War Memorial Plaza Scottish Rite Temple White Castle Hamburger Building -50 years old Benjamin Harrison home Old North Side District Condemned Apartments Refurbished by church group Morris Butler house restored -museum House that top burned being restored City is working a Master Plan now Taxes fr om 100% to 75% on five-year (abatement) Elderly complex built under Section 8 Lackerbie Square James Whitcomb Riley home 1849 to 1916 . The famous poet's home is still original . Anything has to be approved to be did , e ven a shrub, a spindle on the porch, any painting ; the color has to be approved . Tech high school; 4500 students, 75 acres since 1912 Woodruff place - A Planned City -separate subdivision till 1962 • I • - ( ( c • • • • Monday, May 1st; Indi anapolis "·t or Speedw a y Tour . he left Convention Center by Metro Bus; two b us loads, 62 passengers . Arrived at the Speedway and went to the Hall o f Fa me and Museum . Lots o f ret1red race car s, history on the driver s . A very in teresti ng tour . Then we took a mini-bus and made one lap around the track. The driver was well informed and gave us a resume' o f past, present and future o f ti1e Speedway . Also, that they have a completely equipped 35-bed hospital. It takes 14 ambulances, six fire trucks and 14 wreckers to start a race . A very nice souvenir and g i ft shop; a comple te photo shop . And also a conce ssion stand . The buildings are concrete, all white, in super condition and appearance . The grounds are fantastically maintained, and it is called Speed City . Seats 250,000 ; seats are $55 .00, $35.00 and $30.00. A pit pass is $25.00 a season. A standing Roaming Ticket with no seat is $10 .00 . It costs $1,000 to put one race car on the track. They get $1,000 per day f rom Ford Motor Company and Good Year Tires for test purpos es, and they have to f or there wreckers, fire trucks and ambulances . It is consi dered one of the world's greatest sports attractions, which you don't doub t after you see it . Tuesday, May 2, 1978 High rise does not go over medium rise --five to six stories . Indianapolis was started and built in swamp land; the Indian said no one could ever build in this area . Pharmace utical and various other business places --very diversified . Indiana peopl e do like governmen t very much and don't want too much g o ver nm ental input . When governor is elected, 24,000 people lose jobs, and get jobs. Re-do buildings one at a time . • D I • ,' ( ( ( • • • • Cuh hl e !,l.unt• s LI 'L•e l s and l 't•l • • 1 ,,·loing ul hou st'S and huild1ngs . We dnesday , May 3rd, 1 Y7H ; l. 2 . 3. 4 . 5 , ci . 7. H. 9 . 10 . 11. 12 . 1 3 . Workshop 11lY-Art. W<.'nt o u t through Old Nol'lh s idl' into a prubl t'm :l l 'l';o. 3Hth Stn:<.•t begins e xc.:lusivt' l 'eside ntial aJ't•a . 3Hth St J'ccl p e opl e l ormcd lllt·i l ' own ltistori c Pr eservation g rou p .. Th e Art Mu seum i s s pon ~ored by privat e mon ey . Th art col l e e: lions are I rom val' ious sourc.:c•s and p l' iva t t.• in- dividu a l s . Dr . C low<.•s ma ck an Pno 1·mous eontl'il>ut io n o r variou s kinds ol a 1·t . Thel'( .. · are Afrie:on , In dian art s, Amt ·•·i c.:a n In dian a 1·ts. Thc •1·c arc t wo H c•mb r:-~nd t paintings . O n e ul hi s wil e and ont> ol himst•lf ; .iu st ima g int• lh<'il' va lu e . There is oil painting that look s like Vt·l vL·t until you get down and look up at them : then you ca n t t•ll th ey arc s li c k paint e d . Somt' or th e m look likt> huma n fl es h, the c ol or i s so p e rfec t. Also, ther e i s l ots or p •·imative lurnitun.• paint e d wit h Rec:c l go ld trim . The amoun t ol trees is unbelieva ble ; just l.ike loresls and woods . This even app lies to downtown and reside ntial ; some reside nces will have on e to tw o acr e s of woods in b e - tw een th e house and streets . Th e people want everyth ing l e ft to its own originalit y an d n at ura l be ing . I think this is wh e re tlw po('m Spa•·c T hat Tr ee c a me f1 ·om : it w rts writt en h y Hiley, 1 think . ?ta.L .G~ • I . ,. • • • • COU NCI L ACTION REQUEST LIQUOR AND 3.2 BEER OUTLETS APPLICANT: 7-11 Stores -Southland Corp. 4400 South Broadway Englewood, CO. 80110 TYPE OF ACTION REQUESTED: Annual Renewal -3.2 Beer Retail License POLICE AND FBI REPORTS: See attached PREVIOUS CITY COUNCIL ACTIONS DURING PRIOR TWO YEARS, EXCLUDING ANNUAL RENEWAL: CITY ATTORNEY'S REVIEW: COMMENTS: • 6 B I • • • • • • TO: Marilyn Irons FROM: Capt. R. Frazier DATE: December 14,1978 SUBJECT: Liquor Outlet Call Reports The following llquor/3.2 beer outlet cal I reports are representative of the period November 30, 1977 thru December 1,1978. SHOP N GO MARKETS #1031 Requests for pol Ice assistance: Pol Ice officer Initiated action: Violations of I lcenslng privilege: 7-11 Stores Southland Corp. Requests for pollee assistance: Pollee officer lnltation actions: Violations of I lcenslng privilege: King Soopers Discount Requests for pollee assistance: Pol Ice officer Initiated action: Violations of licensing prlvl lege: 13 0 0 29 0 0 23 0 0 2901 So. Broadway 4400 So. Broadway 5050 So. Federal Blvd. I • • ( • • • .. - .. ).)~··.-·.· .. DEPARTMENT OF REVENUE ~ STATE OF COLORADO AOT(.(;f.IU....C. :~:~·~:~~ 0 ... .u .. o•"" 1• 011 01 .. fD S P•O 10COL0"A00 RENEWAL APPLICATIOIII FOR 3.2% FERMENTED MALT BEVERAGE LICENSES LIQ UOR ENFO R CEMENT O F FIC ER 'S ACTION { 00 NOT W~IT [ I N TH IS S PACE ---APPR OVED /G 7 (;, _J_o =._;_ ;( .. · L£_ - (GET APPROVAL OF LOCAL LICEIIISIIIIG AUTHORITY FIRST) SuUTtilAND CORP D lST 1d3l Su OEN VR ulST SEVEN ELEVEN S TORE Nu 1 83 1 13221 DISAPPR OVED ·~/..-~~-- 4 L,Gu S li DWY I:N ul b iO OO CJ dO llC (;;)-rti ".n l.S: u IMPORTANT SEE INSTRUCTIONS ON THE REVERSE SIDE . MAKE CHECK OR MONEY ORDER PA YA BLE T O THE COLORADO DEPARTMENT OF REVENUE RENEWAL AP'PLICATION FOA 3 2,. FERMENTED M""L T BEVERAGE LICENSE FO R T ME L I CENSI N G PE R I OD ENDI NG ----, TOTAL FEE (SI ~R !FfREN ~ --C.OUO<I>' c·~~ i'"""T .... ~0.11 ' r-usE ACCOUNT NUMBER FOR -LI AB !liT V INFORMAT ION ~-----L L £1-08292-IJl S 1 0 006 5411 3 010172 -I vluo6u SS No.1 NEW TPADE NAME ------SS No.2 •FEIN I CERTIFY THAT THERE ARE NO CHANGES TO MY ORIGINAL APPLICATION EXCEPT CHANGE OF MANAGER , TRADE NAME OR CORPORATE STRUCTURE . SIGNATURE --------__ Mail ing Address IIF THERE IS A CHANGE IN OWNERSHIP DO NOT USE THIS FORM . USE AN ORIG INAL APPLICATION .I $ 46.2 5 MANAGER 'S NAME . w II-L I A"""'\ 11\J 0 C)~ IF APPLICANT IS A CORPORATION . FILL IN REVERSE SIDE . & Tom--Bet-t, Dist Mgr. T YPE -I -. . _ _: NAME AND OESCRI~TI<:_N OF LICENSE }-3.-.L.E..ERJ. EtH 8 EI:R R 1: TilL ll C E.J\ SE FEE l ?·_.u,;_ ----------------'--~ i1 :25 ------~UL.!!..5 Pl:RCE:NT_OAE_ _fEE '----'-1 Do you have legal possess ion of the prem •ses for whtch th is apphcatton for ltcense is made? -~-€-5--,-:---- Are the prem ises owned or rented? rent --If rented. effecttve & exp.ratiOO date of /lease :__v_6 2186- Is applicanttsl or all officerlsl of the corporation , cnizentsl or permanent restdent(sl of the Un ited States of America and Colorado? ~Y~.:ew..;:s._ __ _ Is the applicant. or any of the partners, or any of the officers , stockholders or d.rec tors of sa•d applicant (If 1t ''a corporation). or em p loyees of any such , under the age of tvventy -o ne yea•s 7 Yes No X ___ _ Has the appltcant , or any of the partners. or any o f the off icers , stockholders or d1rectors of s.a1d applicant (If it is a corporation) ever been con - victed of a crime 1n the State of Co lo r ado or else where? Yes ______ No..._ __ _ If so, state full details ---------- Has the applica nt , or anv of the partners, or any off1 cer . d irector or stockholder of sa1d applica nt t it 1t IS a corporation) ever : Ia I been den ied. loc ense under'"" lo quor low ?Only when need. o.f_ ne,gJlborhood y . X No lbl hod ana lcoho lic beverage locensesus pended or revooed? Jor misc •. stql;utory v_iole tions X No ---- If 1ne answer os ye >, exp laon fully (altach sepa rate shee1. of neede~nd de~~res Of inhabitantS deemed by local Doe s any brewe •1 or wholesa ler hove o lonancoo l onterest. ev o d~ll~J;\f?,f,\~l{;an}!?. e};l}I\Y!rwn~J.~j;Efrflt~bu!i>~~fbr Wl'fct !nos locense os r equested? If the answe r IS yes , state names and addresses and amount of su ch f1nanc1al 1nterest expressed e1ther 1n dollars Of other 1tems of value , such as mventory, furniture , fixtures and eq u1 pment Yes No X ___ _ L 1st the names and addr!s~~i ne sses ,n which any o f the pe rso ns 1n the prev1ous quest1on are i nterested . / ame Bus iness d ress •jf Federa l Employers ldenttf1ca t1 0n Number (FEIN ) IS pre-pn ~ted 1n the above space , p le-.se check your records to see Jf you have the same number . If you have a d 1fferent number , correct the one above so t hat 1t c orresponds w1th your re cords It no number a ppears'" the above space . p leas e f ill 1n w 1th the FEIN you have o n vour re corf"io; • I • ( , ... "p.,jl .. ·. ,, .... , ,., 1\ttlf> Jere W. ~o~s9n J. S. _Hardin_ _ R. G--Smit W. _K._Ruppeilkamp _':;,:,'2m...Jk>.t.J --- 11 r~. t. r . r~, 1\1\,f 'I • • • _.L.exas ___ --___ ". !~ov ~1., 1. ':lbl. D...allas ----Cou n.v o t Uallas .• ,., ... ~eX~U~ ,, """"'"'"'' o•>•·••--April..27 ,..1978 I, ,\ <lf •' (. '\ •.t~f' 0' S,r •i" 4-217 ArmstrQ!!g_P'..cwy, .531Q T.anbarlL_ __ 1204-..Cheyenne. 6306 Chelle¥-Lane_ 7lf-82. ..S • .....SaJll.s.bury_kt ,. ,.,, J ,,.,. ·• ,,, •cd •v L.l'l.' I h J \.l• I P r f 1 N l ·~ C ~ I • • 'h, ),,, "1'1.: ~_allas,_TL _ 1-1..8.-32. j)~11as,_T _ _10 -11-1 5 ..Richa~dson.,-T.x-3--3-23 ..Dallas.,-Tx J-...9i~l _Lit_tle.Lon,_ C.olo --4-6 J ,, r c • utHT~< _ See attache.d List ---- • ~ t. ol-lo • ~ o, • ~ '" • •11 ' I I ,II' I• tn • :)f n.,· (.'" ·'' 1 , , I I• I A(..r 1 Hli".H T ht 1 .,. • 1 l \(I" ~·, f'\ I I\ Cede &;.., Co__ _ P,_o. Box 20, Bowling_Green __ Station N.Y., N.Y... 10.77..% or I< ''' II I• 1 I ~ pol '" l l" ... ,.,, "-U.Il '""'Ill·• r l "T/\TF (I (..t)t n1 ,,, (I D.. J. Porter - -ho• nt"l •V rr o• ""'"' r l ul v .,.._ .. fl ,• '01 ., , ,, ., " As_s' t Secretary ., , • ... . "' " ... · "" , . ... . . , •·, .. r 1 • ., ,, cl •, • •l'l! •t) tll''ll. I l•Hvrdu ,;., 11111 ,, I ··. __ , • ' .~ , •• 1 ... , ' ~ •• ' _·]-s--gJ F LOCAL I ICl iiiS ING AUHIO I>tl Y ''J''·•'• I• ,, .... 'f)!,,,,,,,.,, t' I I ft ~~ I, . ,,, ····· N/A .,•11 , ( '''· Or;\1 or I 't J I I• •$Ito• ol f t'l ( l!l' 1 '1'"11 ........... ,. •• I !' ,,1.-,ftS,I'\rp Olo!;l ';;on ll••!H r ·t , •t ., I c ,, : 1'1 -;,, -1, •~·• , ''I'' '' ,,.,~. ,, ' I I 1-t l <"(.11-{E "THIS 1\PII'l.IC A TJON IS H(AEYV AII'P A0V FO ~ ,~,. I f '' f I ( ~· :;., .. , I I' ..._,, H o """''''• \\ !hdl v 1 ..-,. ... ~1u...-, 3.J ,,, .r ·'• ''-' J t ... 1111 ·I • ·• , "f•••·V I !"1 ', ) 1o11 Oflt'l':< 11 I'~" ir·~ 'l l •o•~ t ·I I 1>...-llt f 'll• f't)f U'h• l!r,or·-. \fJ t(' •11''•' n f n:~11 ht•JI•I'•"'<IIY•'n 'V ll('h(,l'l t l I NOTICE TO I SURE T HAT YOUR LICENSE IS ISSUED ON TIME , IT IS IMP ORTA NT THAT TH IS DOCU MENT , WITH YOUR TATE FEE RE MITTANCE , BE AT THE COLORADO DEPAR TMENT OF REVENUE . STATE CAPITOL ANNEX BUILDING , 13/5 SHERMAN STREET . DENVER , NO LATER T HAN THIRTY (30) DAYS PRIOR TO THE EXPIRATION OATE OF YOUR LICENSE . THIS OOCUMENT MUST BE IN TljE HANOS'OF THE LOCAL LICENSING AUTHORITY AT LEAST FORTY ·FIVE (45) DAYS PRIOR TO THE EXPIRATION OF THE LICENSE . • I • • • APPL IC ANT: KING SOOPERS 5050 So. Federal Blvd. Englewood, CO B0110 • • • COUNCIL ACTION REQUEST LIQUOR AND 3.2 BEER OUTLETS TYPE OF ACTIO N REQUESTED: Annual Renewal -3.2 Beer Retail License PO LICE AND FBI REP ORTS: See attached PREVIOUS CITY COUNCIL ACTIONS DURING PRIOR TWO YEARS, EXCLUDING ANNUAL RENEWAL: CITY ATT ORNEY 'S REVIEW: COMMENTS: 6 c I . - 0 • ( I • • • • TO: Marilyn Irons FROM: Capt. R. Frazier DATE: December 14,1978 SUBJECT: Liquor Outlet Call Reports The following I lquor/3.2 beer outlet call reports are representative of the period November 30, 1977 thru December 1,1978. SHOP N GO MARKETS #1031 Requ ests for pol Ice assistance: Pol Ice officer Initiated action: VIo lations of I l censlng privilege: 7-11 Stores Southland Corp. Requests for pol Ice assistance: Pol ice of f icer lnltation actions: VIo lations of I lcenslng prlvl l ege: King Soopers Discount Reque sts for pol Ice assistance: Pol ice officer Initiated action: VIolations of I lcenslng prlvl lege: 13 0 0 29 0 0 23 0 0 2901 So. Broadway 4400 So. ,Br oad wa y 5050 So. Federal Blvd . • I • - • • ~l "L K.D F O AM DAL 401 I REV 1178) RENEWAL APPLICA liON FOR 3.2% FERMENTED MALT BEVERAGE LICENSES (GET APPROVAL OF LOCAL LICENSING AUTHORITY FIRSTI .o~T IOIII C.t T i t .... r-- ~~:I~V·:~ ~ • • • APPR O VED :~~~:.~~~~'s :~n I C h.<..u o l 'IC KIN .., O·J P ::R!:. t.l iii O-"'r TO CO\.O II•DO I :~~: .. : .. ~l~~ I Of .. VI" COl.• .016• susu S F cut:~.L b'I GU:"u u Cu DISAPPROVED 80 11~; ~~ SEE INSTRUCTIONS ON THE REVERSE SIDE . MAKE CHECK OR MONEY O RDER PAYABLE TO THE C OLO RADO DEPA RTMENT OF R EVENUE SS No .2 'FEIN I CERTIFY THAT THE RE ARE NO CHANGES TO MY ORIGINAL API'LICATION EXCEPT CHANGE OF MANAGER . TRADE NAME OR CORPORATE STRUCTURE . NEW TPAOE NAME __ _ SIGNATURE _~~ __ MoillngAddross _ __ __ ~;-t:-;~·; ~~ZG~ 1: OWNE RSH I P DO NOT USE THIS FOAM . USE AN O RIGINAL APPLI CATION .I MANAGE R 'S NAME . IF APP LICANT IS A CORPORATION . FILL IN R EV ERSE SIDE . r1 ~T=v:::PE::-TI_____ --;.,AME AND DESCRIPTIO~ O~IC ENSE ~ -3-.-;-:-p_E_R_[._.t:J_~ i l BElR ~.:: TJ.<ll LlC£~E t~~ .. / Do you have legal possess•on of t he prem ises for wh 1ch thts apphcat 1on for l•c ense is made? A re the prem tses owned or rented? If ren ted, effec·t•ve & exp irat ton date of lease __ _ Is a pphcant(s) or a ll officedsl of the corporation, citizen Is) or permanent resident Is) of the Un ited States of America a nd Colorad o? Is the appltcant , or any of the partners, or any of the off•cers, stockholders or d.rectors of said appltcant (If it is a corporat ton l. or employees o f any such, under the age of twenty-one years? Yes ~~--------~ Has the applican t , or any of the partners, or any of th e off1cers. stockholders or d.rectors of sa•d a pplicant llf it is a corporat1onl ever been con · No ---- vtcted o f a cnme '"the State of Coi W4_do or elsewhere ?_:..... If so, state full details ----------- Yes _____ No ---- Ha s the appli cant , or any of the partners, or any offtcer, director or s tockholder of sa1d applicant (If tt is a corporatton) ever Ia I been den ted a license under th1s hauor law7 Ye s N o ___ _ fb i had an a lcoholic beverage license suspended or revoked? If the answer ts ve ~. e•platn fully !attach separate sheet, tf needed) Yes N o Does 1nv brewe · 1 or whoiHaler h1ve 1 ftnanc•a l •nterest, ev•denced e1ther by loans or eau•tv ownersht p •n the bus mess for wh•c h th iS ltee nse •s reQuested) If the answer IS yes . state names and addresses and amount of such ftnanc1 al tnterest expressed e•ther '" dollars or other ttems of value, such as •nv~torv. furniture, f t•tures and eQUtpment Yes No _ __ LtU the names and addresses of ell but1nesses m whtch any of the perso ns '" the prevtous quest ton are mterested . a me Bus mess -----Addr-es_s __ _ "If Federal Employers ldentdlcatton Number I FEIN) •s Pre pnnted 1n thP abo\'e space , ple-.se c h eck your records to see 1f you have the same number If you have a dtfferent number, correct the one above so that •t cot rt!s ponds wtth vour records If no number appears'" the above space , p lease fill1 n w1th the FEIN vou have on vour recorr1~ • • • I • • • I • • IF THE APPLICANT IS A COR PORATION , HOI<WOr (a}, (h i, (cl , lrl l .lol , 001d Ill It) 0.J'J't,' l,l Ill ·I "'····· H ... ' --~ Pf.C.II f(! It •~ $e l'f'l oJ I V I) I ~/.Ill• ~.,,,./\ ,,, Lounr ., 11f -----·--·--- ),,. L '> lll'l••-•• O.J"i't•' :-,r •h '.1nnrh, (l,., v,._,, ----··--- t• 1t ,,,~ l ,, ,, '"'•I, l ld 1 ~ L..;,·\. ---------· ----- • ::"t\1"' ~TP~f r N O r. <.II' I •r , ~ l 'l,. .-.:::J: ,,, -lo),: lo, I)' II .-~ t':" ""• tIT 'f lo '. nc: "'" , ·nc~ ( ~·.-.... , u DA T E Ul tilltT" lt.IUot 0•1.1\Uf 0 pl~di_J o)\J; lJ .r• ,, • DAT~ Of-H l rt H --------- • = ' JIL I I •.) "olt•:_,h .lo l>'r' ===""---.,.--=-=.:::·=-~--~-= I 1.11~ or·•J ••:w '-•!!•·•Hiu•r tJf PiH ·n,•,sh o) .. olfH I hll Cornor.l' I H -1 H: I , I to' IIQ -, H't-' I '"' s.vor·• •' 'l· h-11 -.,·11 "''P Os es __ , .. ,: 1 ·'V" 1• .JI 11 • ,._ rl:t--••·1''-'"'" 1 -_l 1 1 1 '-'"',lt•u,o -,,n..,Jt•J•JII\•·J~IH' ·!,,,, '•• ~1.,\o\ IIH•f!Jtl:joJ \fJ tpro!l(,f lo(,r•.:.•H''I\,) 1-11 f·lV.-._ •Ill! til 0111 lo ,>ft•o~· .t'l ~_'}I h •I t 'r .~' f":l h;<, •.),, 1 l.•dqp ,lnd h(l .o·llt.'•·~ '0 c.ontorn· 1l• • ,,r.• '·'f ,, • ·r• r, r·cr ll of duvont~t! •n <:O•l lh'l.l:on Ill•· •'·· .r• • .. ,, I '/' ") ri ' .,, -(f) -0 _ -. -~~--,,7f' ---__ m~ (Jl;!L ····J·l.l ~ ..•• , ..... ~.l - 1·.;;,, .•••.•• r I ·• l)n :tot'o". rH lht 'll-fli Sr; u <ll~r S t '.11J• -·---------------------- O ff tcPr Ofeorpot;,t ,o;-----cnr1PO A I\Tf siA.·~.-~ S!IJ+t here · .<:;,.,,, 9__, J'-Lra.; ~-:t;.-~(~ ~·z"'t·~"}I.._-:7'T ;~--~ -/ ---· .• !.v ( ~-' _L..L!'~Ao __ _ f ' f S~I.II'HIIy l ~-~---.--~ ~--...::2!'~ _...,.. r__,. ---= ---~-~~ii5T!#-~..:....-.... ""!""..._~~- l\1\ir.•l"·o1 """"'~·~ :~FI'OH rA ND APPf10VA L O f LOCA L L ICENS ING AUTHORITY , .• ,.,_.! ".•tod••\.1,_:1• "•I·Or t.•o.J' •l'o .ldl• T o'•'·P'1o loi 11JqJ-,.\Ir l•l,;ro·'t.o fflfh o;;•,(l-:1H)f't) ft . '(''•'I'J<'•I II •• • •· I' • oil t·• .I -I •HJ lho• f)ft.•II!<U'~. U '•ln.-$~ 1.01·<1 .. l••d ott HI l.hi)'iU.I<>• (J I 'I f' oop p iH TH'' •S !>·•'"' t•-'0•\ • ,. 11 "b •• 1ta! '''"~'HH• ,,, lt.' '• -lU·t•·•To ·•••'" of .,,,, nt-lfi "'~'''""Onl· -~•": tnt:-t'•'\.<o.:\ • .,.'7 ,, 1-.,t I r, I '•• 4 G r 'I<> 1:! C A!=. 1973. ,,o;.._.ft ,,, • f'rl Htr"-!l:.t'r.J J([ THIS '4 PP1 ICA T IO N IS ltE R FB Y A ""MOV£0 "' I~AYOF _ o\d lfi ___ _ ''•A'.~!" OJ' 111'/Jr.; C. II" I. t-1 ~o..Ol ttOf¥1 ------------------·--------\'o\ l-• ol-f ' Jl C.HI\Ul'VI II~~ O F RQARO (\F C ('U ~T V CO M MI~'~I (JNf RS Oil OT H l ~ fiT L t. O F t IC l '-'SINV A UTH( R1 ~ f 1' II S I f.,,. p ;-;-:n;·,~,""'j=f; U l~tt F""'tl"', I -;r;-,, ... Av.N,:-T7"~ t:fT'i'CI-.\·,~~(J71~(.-t.~------:--;7,,,;-·-"-·~ ••..: '·"·.I ... , 'h•l' oi l•1 •. 1l uo ;._ 'l I')\ 11-11\l'f .l,>f . .IIU\,1 1 ShOt.. of 'I• ~·"JI!o•d by lht IJOf .J'Iol 1./;.•, II Ill" '-fH•t•l '\1' lh t -rl Lno' ·t :u tho.~ •ht t.o; t•r j r)' _l')oJ'1 'V ,_-)'11'1· •'·!>ttl..,(t~ .u • "hr• r.l .. ,f tt1 1.,+-' '''Jnrd It, U v 0111on,"'n.:.f' t;r Ol 'l•'"A· '•·' lht 'llc..d '\~l'!t l\111'1 ol .JihOr ltv 1\ "O'"' •Jihl'• tJ't. • ,. •IH•t• o ..1t •1 "lft :·oOIUI ~1'1£\ttl(j 'Jf• -111-"rl t~y ~orr> tJ!f n,..l I -=...;·:--.'l';_=~= =-·----= ~-~ ~~ -,_=~-=- NOTICE TO I NSURE T HAT YOU R LIC ENSE IS ISSUE D ON TIME , IT IS IMPO RTA NT TH AT THIS DOCUM ENT , WITH '1GUfi SrATE HE REMITT ANC[, BE AT TH E COLllHAOO DEPARTMeNT OF REVE NUE . STATE CAPITOL ANNEX BUILDING , 1375 SHERMAN STREET , DENVER , NO LATE R THAN THIRT Y (30 ) DAY S PRIOR TO THE EX PIRATION DATE OF YOUR LICENSE THIS DOC UMENT MUST BE IN THE HANDS OF THE LOCAL LICENSING AUTHORITY AT L EAST FORTY -FIVE (45) DAYS PRI OR TO THE EXPIRATION OF THE LICENSE . • • • , • APPLICANT: SHOP N GO MARKET #1031 2901 S. Broadway Englewood, CO 80110 • • • COUNCIL ACTION REQUEST LIQUOR AND 3.2 BEER OUTLETS TYPE OF ACTION REQUESTED: Annual Renewal -3.2 Beer Retail License POLICE AND FBI REPORTS: See Attached PREVIOUS CITY COUNCIL ACTIONS DURING PRIOR TWO YEARS, EXCLUDING ANNUAL RENEWAL : CITY ATTORNEY'S REVIEW: COMMENTS: • 6 D I . c ( • • • • TO: Marilyn Irons FROM: Capt. R. Frazier DATE: December 14,1978 SUBJECT: Liquor Outlet Cal I Reports The following llquor/3.2 beer outlet cal I reports are representative of the period November 30, 1977 thru December 1,1978. SHOP N GO MARKETS #1031 Requests for pol Ice assistance: Pol Ice officer Initiated action: VIo lations of I lcenslng privilege: 7-11 Stores Southland Corp. Requests for police assistance: Pol Ice officer lnltatlon actions: VIolations of 1 lcenslng prlvi lege: King Soopers Discount Requests for pollee assistance: Pollee officer Initiated action: VIolations of I icenslng privilege: 13 0 0 29 0 0 23 0 0 2901 So. Broadway 4400 So. Broadway 5050 So. Federal Blvd. , I • • - ( • ( • • • • f-OAM OAL 4\ll I AEV 1 78 ) STATE OF COLORADO ~-i~'\ DEPARTMENT OF REVENuE.I •M OCT 3 1 1 ·~ RENEWAL APPLICATION FOR 3.2% r ---DO ND l "'""'ON ,~~.AC E ---- FERMENTED MALT BEVERAGE LICENSES I LIQUOR ENFORCEMENT OFFICER 'S ACTION (GET APPROVAL OF LOCAL LICENSING AUTHORITY FIRST) ..... \") ...... ~ ,....- l 0 ~~:::~ u /t -/R~zf' APPROVED I i-1 T I 01 ~AL Ccm Vi::l<l EN C f: •to.H••IO(O lf .. O fDC0~0 ,.400 , .. [ .. '".0.'1;$1 O( .. 'v(• COLO Sl iJR E S lNC SHOP N GU MAKKETS (j Q 1 0 31 2':1 01 S BK u AOWY EN GL i::WO OD CU 8 011 0 IMPORTANT SE E INSTR UCT IONS O N T HE R E VERSE SIDE . MAKE CHECK OR MONEY ORDER PAYABLE TO T HE COLORADO DEPARTMENT O F REVENUE ' TOT AL FEE(S) SS No .1 SS No.2 •FEI N I CERTIFY THAT T H E RE AR E NO CHANGES TO MY ORIGINAL APPLICATION EXCEPT CHANGE OF MANAGER , TRADE NAME OR CORPORATE STRUCTURE , NEWTPADENAME ~./ ·• -.L ----- SIGNATURE _j.--'Y/'~ _ M ailing Addreu _ I IF T HER E IS A CH ANGE IN O WNERSHIP DO NOT USE T HI S FO R M . USE A N O RI GINAL APPLICATIOfi.J M A NAGE R 'S NAME Lauralee Ann Embrey IF APPLICANT IS A CO R PORATION , FILL IN R EVERSE SIDE NAME AND DESCRIPTION OF LICENSE -+-"'-"-'.._,P_,'...,'i',__' ~.EN T BEER ~;_T_All liCil_S.L_ --~'l ~- Do you have legal p01session o f the premises for w h •ch t his apphcet1on fo r l icense is m ~7 Are the p remises o wned or re nted? _R.ente.d..___ II rented. effective &: exp irett o n date of lease . ~ ... -- • ~o . L :-J Is appltcant(sl or all off1cerhl of the corporatiOn , Cltilen(s) or permanent res1dentlsl o f the Un1 ted States of America and Colorado? _Ye s 1s the applicant. or any of the partne rs, or any of the officers . stockholders or directors of sa1d apphcant {If It 1S a corporation ). or employees of any such , under the age of twenty-one years? Yes No Has the appl1ca nt , or any of the partners, or any of the officers, s tockholders or d irec tors of sa1d applicant (If it IS a corporation) ever been con- VICted of a cnme in the State of Colorado or elsewhere ? ___ ·-Yes ______ No L_ If so, state full deta ils ------------ Has the applicant, or any of the partners. or any off1cer . d1rector or stockholder of said ap p licant (If it is a corporation) ever : Ia I been denied a li cense under this l1quor taw? (b) had an alcohohc beverage hcense suspended or revoked? __ If the answer is yes. explain fully (attach separate sheet , if needed) Yes / No __ -r- No Does any brewe• of or wholesaler have a f1nancial Interest, evidenced e1ther by loans or equtty ownership m the business for wh1ch t his lice n se is requested? If the answer is otes . state names and addresses and amount of such financ ial intereu expressed etther tn dollars or "'ther items of value , such as inventory, furniture, f ixt u res and equtpment Yes No / List the names and-addresses of all businesses -in whtch any of the perso ns in the previous quest ton are tnterested . arne ress ·u Federal Employers ldentlftcatton Number (FEIN) ts pre-printed in the above space, please check your recotds to see 1f you have the same number If you have a d•fferent number. correct the one above so that t,t corresponds with your records If no number appears tn the above space , n t.uu· .. • " ..... •'"'• ~FIN vou have on v o ur recon1s · ,- • I • • - ( 0 • r • • • -Texasr ---..-. ---------· ---\111"1)' ·i:.:,-t~:»!l--.- h ~ ... lf.tf~.ll 1 • ·~·l.-, ·~ cvr••"h,..;;,.~('CJ '!' -· -Houston---. COllnly O f Harris ~ ...... ,,,J't· u•-Texa&-- o• f l w•J I\'>T .mnu ~+ e •H or.tt•• '-"f•Uit :u tht< ~t>t •t''J•" of Stt4t t-____ ...,. 191J '·I I fl.,,.,,.. {' .; Uiltf' o· s.nt. \~l)'•'h, D-1·1 Yt•,,t -'t;1t. an llot n 1927--Stonybrooke-*us-tett-.lX - --7-/2..~-J7/t..Jli:I00-- 8oyd Bradfield-RuraHt.-10~-4-R-.-SA-.ll -----12/16/34 -stephen -to Clelsey-5-flowderhorn.--Houstott-rn-----2/U.I-25--- 1Ce1ttt ·E.-£asUn -53U-BeYer1y-HHlo Heustofl, .J-X----1/16/40 " ·· --ta~.-~-~.-~, ~~r.laewood, co 12/'i/55 -Glyrwt ,~rt. Ass1stan~ • .sec:n.~~!liM 1 1i.ll9th Ave.Denvwt"~P~~~Jl/33 "bytllljnd1f.-oeland ---'1523-~ Honte.--Houttott. T-X 9I-1213S--- 11111lW"1CIIy -wn-c~r ----2900-South TCMtr Pennmf 1 Pl tHouston--5/-3/3.~-- ~rt;J.,:s=-uvl\>n,.a ,.,,. ,, .. v ,~_YJA li\IJ~~;;~~,.~,~ .... --:;:-.. ~~5~~- , no•t• !('d ~ If OM! !:iTA! f"'!" NC" "~ (IT • "---.\Npahoe f'l PC' '\IT OF !;TOCI'" t ':I I 0 Of I'I'PH -617J'Ift -talllbert ---ht •n!1 t)y "''" f o"H tJuly '\ O r u ot I n• huT1t; ' 11'1141\l•< ''11'• Assis-tant Secretaf'Ji ·( ·.f .•••• I· I n., tu ... ·oon, t l,,ll h ~ hoi\ tf·,l·ll "lC. ro•u·J ., I •Pr ... ·•'H .•• , '"'''" •I oil '~" I 'J,"\~ ·t t r ·<~I u I tt ,. " r• .tlfr··~ ,, I Ill ('I v .• • ,. t tl• Den uT•r•!lru cf 111'v"nuc 11 ' 1·'<.. •O• ·I tl tl (> ., .... ,Jl''t)lf'l ·---------- "-v r ,,. I • l, '• fOol oj I,, t',h ho q to lo ) .ot\(1 ~ '1 I" • It' 1 '!• 1 I'[ ~ r r I ot• I ·.~ 1< 1,1 t _..,II~ 11 ~ r '. tl''"tll~ ,,! II U ,,,. l'l ''"''''' Hf ull<' t h1. ,h,_·S"C'"; ~~'I Q bo.t ,r,,n•t "'"'<:on, ... ,..,,·r-tl''-'1.oro "nl •"'•lr•.o!· 1 HI!12_CRS 1 913 .t• .... nr•n•lpd I 'I·''·' A PPI t< A T/0"1 I ~ H(R (A 'w' APPN 0 .... 1 0 _ IHI::t __ ---'•l.ol(' I MJ\ "("H-'1 1 o'l 11 ."\ 11U.~A'\ r f•t'"\J\R rt 0 1 COUN T V LO M ''I~'=.t(.Nf k~ ,1 J r'""'t It r · r Ll • r t If l "\,<;t~ •• ; AU I If llt1 y • \ ,, ., ~. '" Jl ,.,. ,, 1h \1 I ' < ).Jrt', • tl•t n I ll".'•t<; "' ol •I I 11'•11 J I lihlll t , I ~·I ll f' Olllo' ) l t I ol • \ NO_TICE TO IN SURE THAT YOUR LICENSE IS ISSUED ON TIME , IT IS IMPORTANT THAT THIS DOCUMENT , WITH YOUR STAr E FEE REMITTANCE , BE AT THE COLORADO DEPARTMENT OF REVENUE , STATE CAPITOL ANNEX BUILDING , 1375 SHERMAN STREET . DENVER , NO LATER THAN THIRTY (30) DAYS PRIOR TO THE EXP IRATION [)ATE OF YOUR LICENSE . THIS DOCUMENT MUST BE IN THE HANDS OF THE LOCAL LICENSING AUTHORITY AT LEAST FO RT Y-FIVE (45) DAYS PRIOR TO THE EXPIRATION OF TflE LICENSE . ------·- • I • • - ( 0 ( • • • • INTRODUC ED AS A BILL BY COUNCILMAN MANN ------------------------------- BY AUTHORITY ORDINANCE NO . , SERIES OF 1978 A~i ORDINANCE AMEND ING CHAP TER S 3, 4, 6, 7, and 8, TITLE V, OF THE 1 969 E GLEWOOD MUNI CIPAL CODE, AS A DED, RELATING TO PROBAT I O ARY APPO INTMENTS, SICK LEAVE, MATERNITY LEAVE, OFFICIAL HOL I DAYS, SALA RY INCREAS ES , TUITION REFU D, HOURS OF WORK, OVER TIME WORK , LIFE AND HEALTH INSURANCE BENEFITS , FOR GENERAL CA REER SERVICE EMPLOYEES OF THE CITY OF ENGLEWOOD, COLORADO . WHERE AS, pursuant to Article XV of the Englewood Home Ru l Cha rter and Ch apter 10 of Title V of the '69 E .M.C ., as a me nded, a "Memorandum of Understanding " dated Septembe r 8, 1978 was formally approved by City Council and ratified by a majority of the general Career Service Em ployees of the City of Englewood; and WHEREAS, Section lO(c) of Chapter 10 , Title V of the official Code provides that City Council shall "enact necessary amendments to all City ordina n ce s r equired to impl ement said Memorandum of Unde rstand i ng by General Legislation ." NOW, THEREFORE , BE IT ORDAINED BY THE CITY COU CIL OF THE CITY OF ENGLE WO OD , COLORADO, as follows : Section 1 . That the Memor andun of Unde rstanding dated September 8 , 1978 between Englewood Employees Association (EEA) and th e City o f Englewood is hereby expr e ssly conf irmed and approve d . Section 2. Tha t Section 7, Chapter 3, Title V of the '69 E .M .C ., as amen ded , is hereby amended to read as follows: 5 -3-7: PROBAT IONARY APPOINTMENT Whenever a vacant position is to be filled, the t o p thre e (3) names on the proper eligibility list shall be submitted to the appointing authority for he selection of one (1) applicant to s erve a proba tionary period of NOT LESS THAN TWELVE (12) MONT HS. At any time during the probationary p er iod , the employ ee may be dismissed or returned to his former status by the appointing authority. After s a t i sfactory completion of the probationary period, the employee shall be given pe r manent status . Pending • I • • ( ( • • • • the e stablishment of an appl ica ble elig ~b il ~t y lis t, temporary appointment s may be made b y h e ppoin ting a uthorit y with the approval of the Board . Section 3 . That Se c ions 7 , 13 and 17, Chapter 4, Title V of th '69 E .M.C., as am ended, is h ereby amend ed to r e ad as foll o ws: 5 -4-7: SICK LEAVE UTILIZATION (a) Authorization for sick l eave shall be gr anted on ly for the following reasons: (1) Personal i ll ness or injury not s ervice connected, e x cep t as herein othe rw ise provided . (2) Med ical appointments for the employee . (3) Illness of the employee 's spouse or chi ldren with n ecessitate the employee 's abse nce from service . (4) TEMPORARY DISABILITY DUE TO MATERNITY. 5-4-13 : PREGNANT EMP LOY EES Pregnant employees shall be granted maternity lea v e of absence without p ay as foll ows : (a) Pregnant emp loyees sha ll be g rant e d mate r nity leave of absence without pay f or a period of time up to but not exceeding f o ur (4) week s. (b) Employees g ranted maternity l ea v e shall have th e option of using ac rued annual leave with pay for al l or any portion of said four (4) week period . (c) SICK LEAVE SHALL BE ALLO h'E D ONLY TO THE TOTAL AMOUNT ACCU MULATED AT TH E BEGINNING OF A LEAVE, AS VERIFIED BY THE EMPLOYEE RELATIONS DEPARTMENT. (d) IT SH ALL BE THE RESPO NSIBIL ITY OF THE DEPART MENT HEAD TO DETERMINE THE VALIDITY OF ELIG IBILITY OF THE S ICK LEAVE . HIS SIGNATURE ON THE LEAVE REQUEST FORM NOTING SICK LEAVE EN TITLEMENT SHALL IND ICATE SUCH DETERMINATION. -2- • I • - ( ( ( • • • • 5 -4-17: OFFICIAL HOLIDAYS (a) The following days shall be considered official holidays by the City: (1) New Year 's Day: January 1. (2) Washington's Birthday : h e third Monday in February . (3) Memorial Day : the last Monda y in May. (4) Independence Day : Ju~y 4. (5) Labor Day : the firs Monda y in Se;:>te!':'.ber. (6l \·:c:;:E:<..::..-.;s :::J_;y : :·.:\·:::~:3::::--::. (7) Thank s giving Day: the fourth Thursday in November . (8) Fourth Friday of ovember f o ll o wing Thanksgiving Day . (9 ) Christmas Eve : December 24 (except employees on shift work) . (10) Christma s Day : De cember 25 . (11) New Year 's Eve: December 31 (ex cept employees on shift wor k) . (b) Any employee in the Classified Service who does not perform duty scheduled on the working days immediately prior to and following a holiday shall not receive pay for the holiday unless s u ch employ ee was absolutely unable to perform duty for reasons of illness , authorized leave or other reasons determined by the appointing authority to be sufficient. (c) ELIGIBLE EMPLOYEES SHALL RECEIVE 0 E DA Y 'S PAY OR EQUIVALENT TIME OFF AT THE DISCRETIO OF THE DEPARTMENT HEAD FOR EACH OF THE HOLI DAYS WHICH THEY PERFORM NO WORK . 'I'OTAL COMPENSATIO FOR AN EMPLOYEE WORKING ON A OFFICIAL HO LIDAY WILL BE ONE AND ONE-HALF (1 1 /2 ) TIME S THE NORMAL RATE OF PAY FOR ALL HOURS ACTUALLY \vORKED . (d) When an y of the foreg oing holidays fall on a Sunday, the following Monday shall be observed a s the legal holiday. When any of the foregoin g holidays fall on a Sa turday, e a c h e mployee shall be en titled to a day off for such holiday, whi c h day off each employee shall b e s cheduled as the Ci ty Manager determines , but no specific day shall be ob served as a holiday for purpose of closing City offices and funct ions . -3- I> I • • ( ( ( • Se ction 4. • • • (e) During all holidays, City offices and functions shall be closed with the exception of those departments or division s whos e operation is necessary to the publi c h e alth and safety . That Section 8 , Chap te r 6, of the '69 E.M .C., a s amend e d, i s hereby amended to read as follows: 5-6 -8 : SAL ARY AND WAGE SCHEDULE F. All e mp loyees c overed by the terms and co nditions of this Agreement shall receive on January 1, 1979 a SI X PER CENT (6%) wa ge incre ase ba sed upon the 1978 wag e salary schedule pu b l ished at 5 -6-8 of the Municipal Code. The salary schedule for the year 197 8 Grade A B c D E 1 $ 746 $ 781 $ 820 $ 863 $ 906 2 781 820 863 90 6 951 3 820 863 906 9 5 1 999 4 863 906 951 999 1,048 5 906 951 999 1 ,048 1,101 6 951 999 1,04 8 1,101 1,154 7 1,101 1,154 1,213 1,274 1 ,336 8 1,18 2 1,243 1,305 1,367 1,43 8 9 1,274 1,336 1,403 1,4 69 1,5 45 10 1,367 1,438 1,508 1,582 1,662 11 1 ,469 1,545 1,621 1,701 1,785 12 1,582 1 ,662 1 ,742 1,830 1,923 13 1,701 1 ,7 85 1,874 1, 967 2,066 The salary schedule for the yea r 1979 Grade A B c D E 1 $ 791 $ 823 $ 869 $ 915 $ 960 2 823 869 915 9 6 0 1 ,0 08 3 86 9 915 960 1,008 1,059 4 915 9 6 0 1 ,008 1,059 1 '111 5 960 1,008 1,059 1,111 1,167 6 1 ,008 1,059 1' 111 1 ,1 67 1,223 7 1,167 1,223 1,286 1 ,35 0 1 ,4 16 8 1,253 1,318 1,383 1 ,449 1,52 4 9 1,3 50 1,416 1,487 1,557 1 ,637 10 1,449 1,5 24 1,5 98 1,677 1 ,76 2 11 1 ,55 7 1,63 7 1,718 1,8 03 1 ,892 12 1,677 1 ,762 1,847 1,940 2,038 13 1. 803 1,8 92 1,986 2 ,085 2 ,190 -4- • • I • • ( ( c • • • - Sec tion 5 . That a new subsection (a) of Section 8 , Cha pte r 6, T1tle V of the '69 E.M.C ., as amen ded, is h ereby ordered o read as follo ws: 5 -6-8(a) TUITION REFUND PLAN Section 6. THERE IS ESTABL ISHED AN EDU CAT I ON REFUND PR OG~M, THE PURPOSE OF WHICH IS TO PROMOTE A CONTI NUI G EDUCATION AND DEVELOPMENT FOR GE. ERAL CAREER SERVICE EMPLOYEES IN ORDER TO IMPROVE THE EFFIC I ENCY OF CITY OPERATIO NS. (b) EXTENT OF TUITION REFUN D. REFUNDS SHALL BE GRANTED FOR ANY FORMAL CO URS E OF STUDY IN ANY ACCRED I TED SCHOOL OR COLLE GE , PROVIDED THAT THE COURSE IS RELATED TO THE WORK OF THE ELIGIBLE EMPLOYEE . SAID REF UNDS SHALL BE ON A FIRST-COME , FIRST-SERVE BASIS. UPON COMPLETION OF THE COURSE , THE ELIGIBLE EMPLOYEES WILL BE REIMB URSED IN FULL FOR BOOKS AND TUITION UPON PROPER BILLS AND PROOF OF A PASSING GRADE HAVING BEEN SUBMITTED TO AND APPROVED BY DIRECTOR OF EMPLOYEE RELATIONS. (c) THE COST OF THE TUITION REFUND PLAN SHALL BE BORNE BY THE CITY AT A LEVEL OF CONTRIBUTION EQUAL TO TEN DOLLARS ($10) PER NUMBER OF ELIGIBLE EMPLOYEES IN THE CAREER SERVICE SYSTEM. That Se c tions 2(a) and 3(a) of Chapter 7, Title V of the '69 E.M .C., as amended, are hereby amended t o r ead as follows: 5-7 -2 : HOURS OF WORK -MONTHLY EMPLOYEES (a) ALL CAREER SERVICE EMPLOYEES Sha ll work at least forty (40) hours per week, or in the case o f shift work, an average of forty (40) hours per week. The wor k week shall consist of five (5 ) eight-hour shifts, or other work s ules as d t e rmined by the department head wi proval of t he City Manager . NOTHING HEREIN SHALL BE RUED AS GUARANTEEING EMPLOYEES FORTY (40) HOU OF WORK PER WEEK OR EIGHT (8) HO UR S OF WORK PER DA 5-7-3: OVERTIME WORK (a ) FOR ALL CAREER S e xcept as otherwise p -5- E NON-EMERGENCY EMPL OYEES , ed , duties performed over I> I • • Section 7. • • .. • and bove the assigned work schedule or on holiday s shall be considered overtime for all monthly employees, OTHER THAN EMPLOYEES WHOSE WORK SCHEDULE PROVIDES A DAY OFF IN LIEU OF ANY HOLIDAY . Overtime shall no be computed nor compensation allotted on previously accrued overtime. The appointing authority and the Caree r Service Board are hereby authorized to establish, by a greements, specific positions which will be con- sidered exempt from overtime pay or compensatory ime. Fire fighters shall receive overtime for du ies p e r- formed over and above the assigned workwe ek o f fifty -six (56) hours, with the hourly rat compu ed on a fifty-six-hour duty week wa ge basis . When fire fighters work o v ertime on an emergency call-back bas1s , that overtime shall be computed on a forty-hour duty week wage basis . I f a fire fighter on a full shift overtime ba s is work s on an emergency along with other fire fighters o n a ca l l-back ba s is, he will be compensated on the f orty-hour basis during the period of that emergency . Ove r time shall not be computed nor compensation a l l otted on previously accrued over- time . The appoint i ng a uthority and the Career S e rvice Board are hereby auth orized to establish, by agreements, specific positions which will be consid ered exemp from overtime pay or compensatory time . That Section 2, Chapter 8 , Title V of the '69 E.M .C ., as am e nded, is hereby repealed and reinserted o read as follows: 5 -8-2 : INSURANCE BENEFITS (a) Life Insurance : Life insurance for each eligible employee sha l l be Twenty Thousand Dollars ($20,000) for very employee . Th e same conversion pri v ileges upo n retirement of 50% coverage pa y able by the employe will continue . The A.D. & D . provision shall be Twenty Thousand Dollars($20,000) for every e ligible employee. (A.D. & D . -Accidental Death and Dismemberment) (b) Dental Insurance : City funding of the coverage for the City Dental Insurance Plan will be 100% for single, 75% for dependent and the employee shall be charged 25% of a dependent coverage. (For description of the coverage provided, see the City Dental Insurance Plan) -6- I • • ' • Section 8 . • • • (c) Health Insurance -Empl oyee s -Retiree s: (l) City funding of the coverage for the Ci y Health Insurance Plan will be 10 0% for single, 75% for d ependent and the employee shall be charged 25% of a dependent coverage . (For description of the coverage provided, s e e th City Health Insurance Plan) (2) Ma jor medical insurance SHALL be incr eased to include pregnancy which presently is an exclusion. (3) Health insu rance coverage for retirees will be provided by the City on a non-participating basis. The total premium will be paid by the individual. The coverage will coor dinate with Med icaid wh ere ver applicable . (4) Those retirees under the City of Engl ewood health insurance plan on a direct pay b a sis and future retirees of th e City will be covered at City co st for their individual health insurance cove rag e . The City will not con tribute towards he depend ncy coverage but the retiree remains eligible to carry tha coverage on a direct pay basis. That all ordinances or parts of ordinances in conf lic t with the provisions of this ordinance are hereby expr essly re pealed . Introd uced , r ead in fu ll and passed on fi rst reading on the day of , 1978 . Published as a Bill for an Ordinance on the _____ day of 1978. Read by title and passed on final reading on the day of _________________ , 1979 . -7- I • - ' • • • • • Pub lished by title as Ord inance No. ________ ~, Series of __________ , on the da y of , 1979. Ma yor Atte st: e x off1cio City Cl erk-Treasurer I, Will iam D . James, do h e reby ce rtify that the abov e and fo r ego1ng is a true , accurate and c omplete copy of the Ordinan ce pas sed on final read ing and published by title as Ordinance No. Serie s of ______ __ ex off1c1o City Clerk-Treasurer -8 - I • - • • • • INTRO DUCED AS A BILL BY COUNCILMAN _______ MAN ___ N __________________ __ BY AUTHORITY ORDINANCE NO. , SERIES OF 1978 AN ORDINANCE AMENDING CHAPTERS 3, 4, 6, 7, and 8 , TITLE V, OF THE 1969 ENGL EWOOD MUNICIPAL CODE, AS AME NDE D, RE LATIN G TO P ROBATIONARY APPOINTMENTS, SICK LEAVE, MA TERNITY LEAVE, OF FI C IAL HOLIDAYS, SALARY INCREASES, TUITION REFUND, HOURS OF WORK, OVERTIME WORK, LIFE AND HEALTH INSURANCE BENE F ITS, FOR GENERAL CAREER SERVICE EMPLOYEES OF THE CITY OF ENGLEWOOD, COLORAD O . WHEREAS, pursuant to Articl e XV of the En g lewood Home Rule Charter and Ch a pter 10 of Title V of the '69 E.M.C., as amended, a "Memorandum of Understanding" dated September 8, 1978 was formally approved by City Council and ratified b y a majority of the general Care er Service Employees of the City of Englewood; and WHEREAS, Section lO(c) of Chapter 10, Title V of the official Code pro vides that City Council shall "enact n e cessary amendments to all City ordinances required to implement said Memorandum of Understanding by General Legislation ." NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Se ct ion 1. Th a t t h e Me morandun of Understanding dated September 8, 1978 between Englewood Employees Association (EEA) and the City o f Eng l e wo od i s he r eby e xpre ssly confirmed and approved. Se c tion 2 . That Sec t i o n 7, Chap t e r 3, Titl e V of the '6 9 E .M.C ., as am e nded , is here b y a mend ed to r e ad as f ollows: 5 -3-7: PRO BAT IONARY APPOINTMENT Wheneve r a v a cant position is to b e fill ed , t he top thr ee (3) names on the prope r eligibility l i s t sh al l b e submitted to the appointing authority for the selection of one (1) applicant to serve a probationary p e riod of NOT LESS THAN TWELVE (12) MONTHS. At any time during the probationary p e riod , the employee may be dismissed or returned to his former status by the appointing authority. Afte r satisfactory completion of the probationary period, the employee shall be given permanent status. Pending • I • • • • • • the e stablishment of an applicable eligibility list, temporary appointments may be made b y the appointing authority with the approval of the Board . Se ction 3. That Sections 7, 13 and 17, Chapter 4, Title V of the '69 E.M.C., as amended, is hereby amended to read as follows: 5-4-7: SICK LEAVE UTILIZATION (a) Authorization for sick leave shall be granted only for the following reasons: (1) Personal illness or injury not service connected, except as herein otherwise provided. (2) Medical appointments for the employee . (3) Illness of the employee's spouse or children with necessitate the employee's ab s ence from service. (4) TEMPORARY DISABILITY DUE TO MATERNITY . 5-4-13: PREGNA!IT EMPLOYEES Pregnant employees shall be granted maternity leave of absence without pay as follows : (a) Pregnant employees shall be granted maternity leave of absence without pay for a period of time up to but not exceeding four (4) weeks. (b) Employees granted maternity leave shall have the option of using accrued annual leave with pay for all or any portion of said four (4) week period. (c) SICK LEAVE SHALL BE ALLOWED ONLY TO THE TOTAL AMOUNT ACCUMULATED AT THE BEGINNING OF A LEAVE, AS VERIFIED BY THE EMPLOYEE RELATIONS DEPARTMENT. (d) IT SHALL BE THE RESPONSIBILITY OF THE DEPARTMENT HEAD TO DETERMINE THE VALIDITY OF ELIGIBILITY OF THE SICK LEAVE . HIS SIGNATURE ON THE LEAVE REQUEST FORM NOTING SICK LEAVE ENTITLEMENT SHALL INDICATE SUCH DETERMINATION . -2- • I • - • • • • • 5-4-17: OFFICIAL HOLIDAYS (a) The following days shall be considered official holidays by the City: (1) New Year's Day: January 1 . (2) Washington's Birthday: the third Monday in February. (3) Memorial Day: the last Monday in May . (4) Independence Day: JuLy 4. (5) Labor Day: the first Monda y in Se;J t e!':'!.be r. ( 6 l '::t::-r::~;~s :::>.; Y : :-;o \·:::~:3:::3. : _. (7) Thank s giving Day: the fourth Thursday in November. (8) Fourth Friday of November followin g Thanksgiving Day. (9) Christmas Eve: December 24 (except employees on shift work). (10) Christmas Day: December 25. (11) New Year's Eve: December 31 (except employees on shift work). (b) Any employee in the Classified Service who does not perform duty schedul ed on the working days immediately prior to and following a holiday shall not receive pay for the holiday unless such employee was absolutely unable to perform duty for reasons of illness, authorized leave or other reasons determined by the appointing authority to be sufficient. (c) ELIGIBLE EMPLOYEES SHALL RECEIVE ONE DAY'S PAY OR EQUIVALENT TIME OFF AT THE DISCRETION OF THE DEPARTMENT HEAD FOR EACH OF THE HOLIDAYS WHICH THEY PERFORM NO WORK. TOTAL COMPENSATION FOR AN EMPLOYEE WORKING ON AN OFFICIAL HOLIDAY WILL BE ONE AND ONE-HALF (1 1/2) TIMES THE NORMAL RATE OF PAY FOR ALL HOURS ACTUALLY IVORKED. (d) When any of the foregoing holidays fall on a Sunday, the following Monday shall be observed as the legal holiday. When any of the foregoing holidays fall on a Saturday, each employee shall be entitled to a day off for such holiday, which day off each employee shall be scheduled as the City Manager determines, but no spe c ific day shall be observed as a holiday for purpose of closing City offices and functions. -3- • I • - • < • Section 4. • • • (e) Du ring all holidays, City offices and functions shall be closed with the exception of those departments or divisions whose operati o n is n ece ssary to the public health and safety. That Section 8, Chapter 6, of the '69 E.M .C ., as amended, i s h e reby amended to read as follows: 5 -6-8 : SALARY AND WAGE SCHEDULE F. All employees c overed by the terms and conditions of this Agreement shall receive on January 1, 1979 a SIX PERCENT (6 %) wa ge increase based upon the 1978 wage salary schedule published at 5 -6-8 of the Municipal Code. The salary schedule for the year 1978 Grade ~ B ~ D E 1 $ 746 $ 781 $ 820 $ 863 $ 906 2 781 820 863 906 951 3 820 863 906 951 999 4 863 906 951 999 1,048 5 906 951 999 1 ,048 1 ,101 6 951 999 1,048 1,101 1,154 7 1,101 1,154 1,213 1,274 1,336 8 1 ,182 1 ,243 1,305 1 ,36 7 1,43 8 9 1,274 1,336 1,403 1,469 1 ,545 10 1,36 7 1 ,43 8 1,508 1 ,582 1,662 11 1,469 1 ,545 1,621 1,701 1,785 12 1,582 1,662 1,742 1,830 1,923 13 1,701 1,785 1,874 1,967 2,066 The salary schedule for the year 1979 Grade A B c D E 1 $ 791 $ 823 $ 869 $ 915 $ 960 2 823 869 915 960 1,008 3 869 915 960 1,008 1,059 4 915 960 1,008 1,059 1,111 5 960 1,008 1,059 1,111 1,167 6 1,008 1,059 1,111 1,167 1,223 7 1,167 1,223 1,286 1,350 1,416 8 1 ,253 1,318 1,383 1,449 1,524 9 1,350 1,416 1,487 1,557 1,637 10 1,449 1,524 1,598 1,677 1,762 11 1,557 1,637 1,718 1,803 1 ,892 12 1,677 1,762 1,847 1,940 2,038 13 1,803 1,892 1,986 2,085 2,190 -4- • I • '( • • • • Section 5 . That a new su bsection (a) of S ect ion 8, Chapter 6 , Title V of the '69 E.M.C., as amended, is h e reby o rde red t o read as follows: 5-6-8(a) TUITION REFUND PLAN Section 6 . THERE IS ESTABLISHED AN EDUCATION REFUND PR OG RAM, THE P URPOSE OF WHICH IS TO PROMOTE A CONTIN UI NG EDUCATIO N AND DEVELOPME T FOR GENERAL CAREE R SERVICE EMPLOYEES IN ORDER TO IMPROVE THE EFFICIENCY OF CITY OPERATIONS. (b) EXTENT OF TUITION REF UND . REFUNDS SHALL BE GRANTED FOR ANY FORMAL COURSE OF STUDY IN ANY ACCREDITED SCHOOL OR COLL EGE , PROVIDED THAT THE COURSE IS RELATED TO THE WORK OF THE ELIGIBLE EMPLOYEE. SAID REF UNDS SHALL BE ON A FIRST-COME, FIRST-SERVE BASIS. UPON COMPLETION OF THE COURSE, THE ELIGIBLE EMPLOYEES WILL BE REIMB UR SED IN FULL FOR BOOKS AND TUITION UPON PROPER BILLS AND PROOF OF A PASSING GRADE HAVING BEEN S UBMITTED TO AND APPROVED BY DIRECTOR OF EMPLOYEE RELATIONS. (c) THE COST OF THE TUITION REFUND PLAN SHALL BE BORNE BY THE CITY AT A LEVEL OF CONTRIBUTION EQUAL TO TEN DOLLARS ($10) PER NUMBER OF ELIGIBLE EMPLOYEES IN THE CAREER SERVICE SYSTEM. That Se c tions 2(a) and 3(a) of Chapter 7, Title V of the '69 E.M.C., as amended, are hereby amended to read as follows: 5-7-2: HOURS OF \vORK -MONTHLY EMPLOYEES (a) ALL CAREER SERVICE EMPLOYEES Sh all work at least forty (40) hours per we ek , or in the ca s e of shift work, an average of forty (40) hours p e r week. The work wee k shall consist of five (5) eig ht-hour shifts, or other work schedules as determined by the department head with~pproval of t h e City Manage r. NOTHING HEREIN SHALL BE C NSTRUED AS GUARANTEEING EMPLOYEES FORTY (40) HOU . OF WORK PER WEEK OR EIGHT (8) HOURS OF WORK PER DAY 5 -7-3 : OVERT IME WORK (a ) FOR ALL CAREER e x cept as othe rwise E NON-EMERGENCY EMPLOYEES, ed, duties p e rformed over I • • ( • Section 7. • • • and above the assigned work schedul e or on holidays shall be considered overtime for all monthl y employees, OTHER THAN EMPLOYEES WHOSE WORK SCHEDULE PROVIDES A DAY OFF IN LIEU OF ANY HOLIDAY. Overtime shall not be computed nor compensation allotted on previously accrued overtime . The appointing authority and the Career Service Board are hereby authorized to establish, by agreements, specific positions which will be con- sidered exempt from overtime pay or compensatory time. Fire fighters shall receive overtime for duties per- formed over and above the assigned workweek of fifty-six (56) hours, with the hourl y rate computed on a fifty-six-hour duty week wage basis. When fir e fighters work overtime on an emergency call-back basis, that overtime shall be computed on a forty-hour duty week wage basis. If a fire fighter on a full shift overtime basis works on an emergency along with other fire fighters on a call-back basis, he will be compensated on the forty-hour basis during the p e riod of that emergency. Overtime shall not be computed nor compensation allotted on previously accrued over- time. The appointing authority and the Career Serv ice Bo a rd are hereby authori zed to establish, by agreements, t spe cific positions which will be c onsidered e xempt from ove rt ime pay or c omp ensatory time . That Section 2 , Chapter 8, Tit le V of h '69 E .. C ., as amended, is hereby repe aled and reinserted o r ad as follows : 5-8 -2: INS URA CE BEN EFI TS (a) Life I nsurance : Life insurance for eac li 1bl e ployee s hall be Twenty Thousand Dollars ($20 ,000) for eve r y employee. Th same convers1on privileges upo n r etirem n of 50 coverage payable by t he e mployee will con 1n The A .D . & D . provi s ion shall be Twenty Thousand Dollars($20,000) fo r e very eligible employee. (A.D . & D . -Accide ntal Death and Dismerr-ber nt) (b) D ntal Insurance: Ci y f nding of t he cov e rage for the City Dental Ins ranee Plan wi l l b e 100 % for single, 75% for pendent and the e mploye e shall be c harged 25 % of a d -pendent coverage . (For description of the cove r age p r o vided, see the City Dental Insurance Pla n ) -6- • I • • ( • • • • (c) Health Insurance -Employees -Retirees: Section 8. (1) City funding of the coverage for the City Health Insurance Plan will be 100% for single, 75% for dependent and the employee shall be charged 25% of a dependent coverage. (For description of the coverage provided, see the City Health Insurance Plan) (2) Major medical insurance SHALL be increased to include pregnancy which presently is an exclusion. (3) Health insurance coverage for retirees will be provided by the City on a non-participating basis. The total premium will be paid by the individual. The coverage will coordinate with Medicaid wherever applicable. (4) Those retirees under the City of Englewood health insurance plan on a direct pay basis and future retiree~ of the City will be covered at City cost for their individual health insurance coverage. The City will not contribute towards the dependency coverage but the retiree remains eligible to carry that coverage on a direct pay basis. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby expressly repealed. Introduced, read in full and passed on first reading on the day of , 1978. Published as a Bill for an Ordinance on the _____ day of 1978. Read by title and passed on final reading on the day of __________________ , 1979. -7- • I • • - ( 0 • ( • • • • Published by title as Ordinance No. , Series of , on the day of -------,-1'979. --------- Mayor Attest: ex off~cio City Clerk-Treasurer I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. Series of ______ __ ex officio City Clerk-Treasurer -8- • t I • • r i ( c • • • - INTRODUCED AS A BILL BY COUNCILMAN _______ MA __ N_N ________________ __ BY AUTHORITY ORDINANCE NO. , SERIES OF 1978 AN ORDINANCE AMENDING CHAPTERS 3, 4, 6, 7, and 8, TITLE V, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED, RELATING TO PROBATIONARY APPOINTMENTS, SICK LEAVE, MATERNITY LEAVE, OFFICIAL HOLIDAYS, SALARY INCREASES, TUITION REFUND, HOURS OF WORK, OVERT IME WORK, LIFE AND HEALTH INSURANCE BENEFITS, FOR GENERAL CA REER SERVICE EMPLOYEES OF THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, pursuant to Article XV of the Englewood Home Rule Charter and Chapter 10 of Title V of the '69 E.M.C., as amended, a "Memorandum of Understanding" dated September 8, 1978 was formally approved by City Council and ratified by a majority of the general Career Service Employees of the City of Englewood; and WHEREAS, Section lO(c ) of Chapter 10, Title V of the official Code provide s that City Council shall "enact necessary amendments to al l Ci ty ordinances required to implement said Memorandum of Understanding by General Legislation." NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That the Memorandun of Understanding dated September 8, 1978 between Englewood Employees Association (EEA) and the City of Englewood is hereby expressly confirmed and approved . Section 2. That Section 7, Chapter 3, Title V of the '69 E.M .C ., as amen ded, is hereby amended to read as follows: 5-3-7: PROBATIONARY APPOINTMENT Whenever a vacant position is to be filled, the top three (3) names on the proper eligibility list shall be submitted to the appointing authority for the selection of one (1) applicant to serve a probationary period of NOT LESS THAN TWELVE (12) MONTHS. At any time during the probationary period, the employee may be dismissed or returned to his former status by the appointing authority. After satisfactory completion of the probationary period, the employee shall be given permanent status. Pending • I • - ( • ( • • • • the establishment of an applicable e ligibility list, temporary appointments may be made by the appointing authority with the approval of the Board. Section 3. That Sections 7, 13 and 17, Chapter 4, Title V of the '69 E.M.C., as amended, is hereby amended to read as follows: 5-4-7: SICK LEAVE UTILIZATION (a) Authorization for sick leave shall be granted only for the following reasons: (1) Personal illness or injury not service conne cted, except as herein otherwise provided. (2) Medical appointments for the employee. (3) Illness of the employee's spouse or children with necessitate the employee's absence from service. (4) TEMPORARY DISABILITY DUE TO MATERNITY. 5-4-13: PREGNAUT EMPLOYEES Pregnant employees shall be granted maternity leave of absence without pay as follows: (a) Pregnant employees shall be granted maternity leave of absence without pay for a period of time up to but not exceeding four (4) weeks. (b) Employees granted maternity leave shall have the option of using accrued annual leave with pay for all or any portion of said four (4) week period. (c ) SICK LEAVE SHALL BE ALLOWED ONLY TO THE TOTAL AMOUNT ACCUMULATED AT THE BEGINNING OF A LEAVE, AS VERIFIED BY THE EMPLOYEE RELATIONS DEPARTMENT. (d) IT SHALL BE THE RESPONSIBILITY OF THE DEPARTMENT HEAD TO DETERMINE THE VALIDITY OF ELIGIBILITY OF THE SICK LEAVE. HIS SIGNATURE ON THE LEAVE REQUEST FORM NOTING SICK LEAVE ENTITLEMENT SHALL INDICATE SUCH DETERMINATION. -2- • D I • - ( • ( • • • • 5-4-17: OFFICIAL HOLIDAYS (a) The following days shall be conside red official holidays by the City: (1) New Year's Day: January 1. (2) Washington's Birthday: the third Monday in February. (3) Memorial Day: the last Monday in May. (4) Independence Day: Ju~y 4. (5) Labor Day: the first Monda y in Se;:>tembe r. ( 6) ':E::-r:R.:;._\"5 :J.:.Y: XO\·::Y3::::" : l . (7) Thanksgiving Day: the fou rth Thursday in November. (8) Fourth Friday of November following Thanksgiving Day. (9) Christmas Eve: December 24 (except employees on shift work). (10) Christmas Day: December 25. (11) New Year's Eve: December 31 (except employees on shift work) . (b) Any employee in the Classified Service who does not perform duty scheduled on the working days immediately prior to and following a holiday shall not receive pay for the holiday unless such employee was absolutely unable to perform duty for reasons of illness, authorized leave or other reasons determined by the appointing authority to be sufficient. (c) ELIGIBLE EMPLOYEES SHALL RECEIVE ONE DAY'S PAY OR EQUIVALENT TIME OFF AT THE DISCRETION OF THE DEPARTMENT HEAD FOR EACH OF THE HOLIDAYS WHICH THEY PERFORM NO WORK. TOTAL COMPENSATION FOR AN EMPLOYEE WORKING ON AN OFFICIAL HOLIDAY WILL BE ONE AND ONE-HALF (1 1/2) TIMES THE NORMAL RATE OF PAY FOR ALL HOURS ACTUALLY 1-JORKED. (d) When any of the foregoing holidays fall on a Sunday, the following Monday shall be observed as the legal holiday. When any of the foregoing holidays fall on a Saturday, eac h employee shall be entitled to a day off for such holiday, which day off eac h employee shall be scheduled as the City Manager determines, but no spe cific day shall be observed as a holiday for purpose of closing City offices and functions. -3- • I • - ( • ( • Section 4. • • • (e) During all holidays, City offices and functions shall be closed with the exception of those departments or divisions whose operation is necessary to the public health and safety. That Section 8, Chapter 6, of the '69 E.M.C., as amended, is hereby amended to read as follows: 5-6-8: SALARY AND WAGE SCHEDULE F. All emplo yees covered by the terms and conditions of this Agreement shall rec eive on January 1, 1979 a SIX PERCENT (6%) wage increase based upon the 1978 wage salary schedule published at 5-6-8 of the Municipal Code. The salary schedule for the year 1978 Grade A B c D E 1 $ 746 $ 781 $ 820 $ 863 $ 906 2 781 820 863 906 951 3 820 863 906 951 999 4 8 63 906 951 999 1 ,048 5 906 9 51 999 1,048 1,101 6 951 999 1,048 1,101 1,154 7 1,101 1,154 1,213 1,274 1,336 8 1,182 1,243 1,305 1,367 1,438 9 1,274 1,336 1,403 1,469 1,545 10 1 ,3 67 1,438 1,508 1,582 l, 662 11 1,469 1,545 1,621 1,701 1,785 12 1,582 1,662 1,742 1,830 1,923 13 1 ,7 01 1,785 1,874 1,967 2,066 The salary schedule for the year 1979 Grade A B c D E 1 $ 791 $ 823 $ 869 $ 915 $ 960 2 823 869 915 960 1,008 3 869 915 960 1,008 1,059 4 915 960 1,008 1,059 1,111 5 960 1,008 1,059 11111 1,167 6 1,008 1,059 1,111 1,167 1,223 7 1,167 1,223 1,286 1,350 1,416 8 1,253 1,318 1,383 1,449 1,524 9 1,350 1,416 1,487 1,557 1,637 10 1,449 1,524 1,598 1,677 1,762 11 1,557 1,637 1,718 1,803 1 ,892 12 1,677 1,762 1,847 1,940 2,038 13 1,803 1,892 1,986 2,085 2,190 -4- • I • • ( ( ( • • • • Section 5 . That a new subs ec tion (a) of Sec tion 8, Chapter 6 , Title V of the '69 E .M.C., as amen ded, is hereby ordered to r ead as follows: 5-6-8(a) TUITION REFUND PLAN Section 6. (b) THERE IS ESTABL ISHE D AN EDUCATION REFUND PR OG RAM, THE PURPOSE OF WHICH IS TO PROMOT E A CONTINUING EDUCATION AND DEVELOPMENT FOR GE NERAL CARE ER SERVICE EMPLOYEES IN ORDER TO IMPROVE THE EFFICIENCY OF CITY OPERATIONS. EXTENT OF TUITION REFUND. REFUNDS SHALL BE GRANTED FOR ANY FORMAL COURSE OF STUDY IN ANY ACCREDITED SCHOOL OR COLLEGE, PROVIDED THAT THE COURSE IS RELATED TO THE WORK OF THE ELIGIBLE EMPLOYEE . SAID REFUNDS SHALL BE ON A F IRST -COME , FIRST-SERVE BASIS. UPON COMPLETION OF THE COUR SE, THE ELIGIBLE EMPLOYEES WILL BE REIMB URSED IN FULL FOR BOOKS AND TUITION UPON PROPER BILLS AND PROOF OF A PASSING GRADE HAVING BEEN S UBMITT ED TO AND APPROVED BY DIRECTOR OF EMPLOYEE RELATIONS. (c) THE COST OF THE TUITION REFUND PLAN SHALL BE BORNE BY THE CITY AT A LEVEL OF CONTRIBUTION EQUAL TO TEN DOLLARS ($10) PER NUMBER OF ELIGIBLE ~1PLOYEES IN THE CAREER SERVICE SYSTEM . That Section s 2(a) and 3(a) of Chapte r 7, Title V of the '69 E.M.C., as amend e d, a r e hereby amende d to r ead as follows: 5 -7-2: HOU RS OF \'lORK -MONTHLY EMPLOYEES (a) ALL CAREER SERVICE EMPLOYE ES Shall work at least forty (40) hours per week , or in the case of sh i ft work, an average of forty (40) hours per week. The work week shall consist of five (5) eight-hour shifts, or other work schedules as determined by the department head with roval of the City Manager. NOTHING HEREIN SHALL BE C AS GUARANTEEING EMPLOYEES FORTY (40) OF WORK PER WEEK OR EIGHT (8) HOURS OF WORK PER DA 5 -7-3: OVERTIME WORK (a) FOR ALL CAREER S e xcept as otherwise p -5- E NON-EMERGENCY EMPLOYEES, ed, duties p erformed over I • ( ( ( • Section 7. • • • and above the assigned work schedule or on holidays shall be considered overtime for all monthly employees, OTHER THAN EMPLOYEES WHOSE WORK SCHEDULE PROVIDES A DAY OFF IN LIEU OF ANY HOLIDAY. Overtime shall not be computed nor compensation allotted on previousl y accrued overtime. The appointing authority and the Career Service Board are hereby authorized to establish, by agreements, specific positions which will be con- sidered exempt from overtime pay or compensatory time . Fire fighters shall receive overtime for duties per- formed over and above the assigned workweek of fifty-six (56) hours, with the hourly rate computed on a fifty-six-hour duty week wage basis. \-lhen fire fighters work overtime on an emergency call-back basis, that overtime shall be computed on a forty-hour duty week wage basis. If a fire fighter on a full shift overtime basis works on an emergency along with other fire fighters on a call-back basis, he will be compensated on the forty-hour basis during the period of that emergency. Overtime shall not be computed nor compensation allotted on previously accrued over- time. The appointing authority and the Career Service Board are hereby authorized to establish, by agreements, specific positions which will be considered exempt from overtime pay or compensatory time. That Section 2, Chapter 8, Title V of the '69 E.M.C., as amended, is hereby repealed and reinserted to r ead as follows: 5-8-2: INSURANCE BENEFITS (a) Life Insurance: Life insurance for each eligible employee shall be Twenty Thousand Dollars ($20,000) for every employee . The same conversion privileges upon retirement of 50% coverage payable by the employee will continue. The A.D. & D. provision shall be Twenty Thousand Dollars($20,000) for every eligible employee. (A.D. & D. -Accidental Death and Dismemberment) (b) Dental Insurance: City funding of the coverage for the City Dent al Insurance Plan will be 100% for single, 75% for dependent and the employee shall be charged 25% of a dependent coverage. (For d escription of the coverage provided, see the City Dental Insurance Plan) -6- • D I • • ( c • Section 8. • • .. (c) Health Insurance -Employee s -Retirees: (1) City funding of the coverage for the City Health Insurance Plan will be 100 % for single, 75% for dependent and the employee shall be charged 25% of a dependent coverag e . (For description of the coverage provided, s ee the City Health Insurance Plan) (2) Major medical insurance SHALL be increased to include pregnancy which presently is an exclusion. (3) Health insurance coverage for retirees will be provided by the City on a non-participating basis. The total premium will be paid by the individual. The coverage will coo rdinate with Medicaid wh e rever applicable . (4) Those retirees under the City of Englewood health insurance plan on a direct pay basis and future retiree~ of the City will be covered at City cost for their individual health insurance coverage. The City will not contribute towards the dependency coverage but the retiree remains eligible to carry that coverage on a direct pay basis. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby expressly repealed. Introduced, read in full and passed on first reading on the day of , 1978. Published as a Bill for an Ordinance on the _____ day of 1978. Read by title and passed on final reading on the day of _________________ , 1979. -7- • I • • ( • ( • • • • Published by title as Ordinance No·--------~' S eries of __________ , on the day of , 1979. Mayor Attest: ex off~cio C~ty Clerk-Treasurer I, William D. James, do h e reby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance pas sed on final reading and published by title as Ordinance No . Series of __ _ ex off~c~o City Clerk-Treasurer -8- • I • • • • • .t '"I W INTRODUCED AS A BILL BY COUNCILMAN _______ MA __ N ___ N ________________ __ BY AUTHORITY ORD I NANCE NO . , SERIES OF 19 7 8 AN ORDINANCE AMENDING CHAPTERS 3 , 4, 6, 7, and 8, TITLE V, OF THE 1969 ENGLEWOOD MUNICIPAL CODE , AS AMENDED, RELATING TO PROBATIONARY APPOINTMENTS, SICK LEAVE, MATERNITY LEAVE, OFFICIAL HOLIDAYS, SALARY INCREASES , TUITION REFUND, HOURS OF WORK, OVERTIME WORK, LIFE AND HEALTH INSURANCE BENEFITS, FOR GENERAL CA REER SERVICE EMPLOYEES OF THE CITY OF ENGLEWOOD, COLORADO . WHEREAS , pursuant to Article XV of the Englewood Home Rule Charter and Chapter 10 of Title V of the '69 E.M.C., as amended , a "Memorandum of Un der s tanding" dated September 8 , 1978 was formally approved by City Council and ratified by a majority of the general Career Service Employees of the City of Englewood; and WHEREAS, Section lO(c ) of Chapter 10 , Title V of the official Code provides that City Council shall "e~act necessary amendments to all City ordinances required to implement said Memorandum of Understanding by General Legislation." NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, as follows: Section l. That the Memorandun of Understanding dated September 8, 1978 between Englewood Employees Association (EEA) and the City of Englewood is hereby expressly confirmed and approved . Section 2. That Section 7, Chapter 3, Title V of the '69 E.M.C., as am e nded , is hereby amended to read as follows: 5 -3-7: PROBATIONARY APPOINTMENT Whenever a vacant position is to be filled, the top three (3) names on the proper eligibility list shall be submitted to the appointing authority for the selection of one (1) applicant to serve a probationary period of NOT LESS THAN TWELVE (12) MONTHS. At any time during the probationary period, the employee may be dismissed or returned to his former status by the appointing authority. After satisfactory completion of the probationary period, the employee shall be given permanent status. Pending • I • - • • • • the establishment of an applicabl e eligibility list, temporary appointments may be made by the appointing authority with the approval of the Board. Section 3 . That Sections 7, 13 and 17, Chapter 4 , Title v of the '69 E.M.C ., as amended, is hereby amended to read as follows: 5-4-7: SICK LEAVE UTILIZATION (a) Authorization for sick leave shall b e g ran ted on:y for the following reasons: (1) Personal illness or injury not service connected, except as herein otherwise provided. (2) Medical appointments for the employee. (3) Illness of the employee's spouse or children with necessitate the employee 's absence from service. (4) TEMPORARY DISABILITY DUE TO MATERNITY. 5-4-13: PREGNAUT EMPLOYEES Pregnant employees shall be granted maternity leave of absence without pay as follows: (a) Pregnant employees shall be granted maternity leave of absence without pay for a period of time up to but not exceeding four (4) weeks. (b) Employees granted maternity leave shall have the option of using accrued annual leave with pay for all or any portion of said four (4) week period. (c) SICK LEAVE SHALL BE ALLO WED ONLY TO THE TOTAL AMOUNT ACCUMULATED AT THE BEGINNING OF A LEAVE, AS VERIFIED BY THE EMPLOYEE RELATIONS DEPARTMENT. (d) IT SHALL BE THE RESPONSIBILITY OF THE DEPARTMENT HEAD TO DETERMINE THE VALIDITY OF ELIGIBILITY OF THE SICK LEAVE. HIS SIGNATURE ON THE LEAVE REQUEST FORM NOTING SICK LEAVE ENTITLEMENT SHALL INDICATE SUCH DETERMINATION. -2- • I • • - • • • • 5 -4-17: OFFIC IAL HOLIDAYS (a) The following days shall be considered official holidays by the City: (1) New Year's Day: January 1. (2) Washington's Birthday: the third Monday in February. (3) Memorial Day: the last Monday in May. (4) Independence Day: Ju~y 4. (5) Labor Day: the first Monday in Se ?te::!be !:". <6l ':c::-;::~;xs ::J.:..Y: :-;c \·:::~:3:::" :.:. . (7) Thank s giving Day: the fou rt h Thursda y in November. (8) Fourth Friday of November following Thanksgiving Day . (9) Christmas Eve: December 24 (except employees on shift work) . (10) Christmas Day: December 25 . (11) New Year 's Eve: December 31 (except employees on shift work). (b) Any employee in the Classified Service who does not perform duty scheduled on the working days immediately prior to and following a holiday shall not receive pay for the holiday unless such employee was absolutely unable to perform duty for reasons of illness, authorized leave or other reasons determined by the appointing authority to be sufficient. (c) ELIGIBLE EMPLOYEES SHALL RECEIVE ONE DAY'S PAY OR EQUIVALENT TIME OFF AT THE DISCRETION OF THE DEPARTMENT HEAD FOR EACH OF THE HOLIDAYS WHICH THEY PERFORM NO WORK. TOTAL COMPENSATION FOR AN EMPLOYEE WORKING ON AN OFFICIAL HOLIDAY WILL BE ONE AND ONE-HALF (1 1/2) TIMES THE NORMAL RATE OF PAY FOR ALL HOURS ACTUALLY NORKED. (d) When an y of the foregoing holidays fall on a Sunday, the following Monday shall be observed as the legal holiday. When any of the foregoing holidays fall on a Saturday , eac h employee shall be enti tled to a day off for such holiday, which day off each employee shall be scheduled as the City Manager determines, but no spe cific day shall be observed as a holiday for purpose of closing City offices and functions. -3- • I • - • • Section 4. • • • (e) During all holidays, City offices and functions shall be closed with the exception of those departments or divisions whose operation is necessary to the public health and safety. That Section 8, Chapter 6, of the '6 9 E.M.C., as amended, is hereby amended to read as follows: 5-6-8: SALARY AND WAGE SCHEDULE F. All employees covered by the terms and conditions of this Agreement shall receive on January 1, 1979 a SIX PERCENT (6%) wage increase based upon the 1978 wage salary schedule published at 5-6-8 of the Municipal Code. The salary schedule for the year 1978 Grade A B c D E 1 $ 746 $ 781 $ 820 $ 863 $ 90 6 2 781 820 863 906 951 3 820 863 906 951 999 4 863 906 951 999 1,048 5 906 951 999 1,048 1,101 6 951 999 1,048 1,101 1,154 7 1,101 1,154 1,213 1,274 1,336 8 1,182 1,243 1,305 1,367 1,438 9 1,274 1,336 1,403 1,469 1,545 10 1,367 1,438 1,508 1,582 1,662 11 1,469 1,545 1,62 1 1,701 1,785 12 1,582 1,662 1,742 1,830 1,923 13 1 ,701 1,785 1,874 1,967 2,066 The salary schedule for the year 1979 Grade A B c D E 1 $ 791 $ 823 $ 869 $ 915 $ 960 2 823 869 915 960 1,008 3 869 915 960 1, 008 1,059 4 915 960 1,008 1,059 1,111 5 960 1,008 1,059 1,111 1,167 6 1,008 1,059 1,111 1,167 1,223 7 1,167 1,223 1,286 1,350 1,416 8 1,253 1,318 1,383 1,449 1,524 9 1,350 1,416 1,487 1,557 1,637 10 1,449 1,524 1,598 1,677 1,762 11 1,557 1,637 1, 718 1,803 1 ,892 12 1,677 1,762 1,847 1,940 2,038 13 1,803 1,892 1,986 2,085 2,190 -4- • I • • • • • Sec tion 5. That a new subs ection (a) of Section 8 , Chapter 6, Title V of the '69 E .M.C., as amended, is hereby ordered to r e ad as follows: 5-6-8(a) TUITION REFUND PLAN Section 6. THERE IS ESTABLISHED AN EDUCATION REFUND PROGRAM, THE PURPOSE OF WHICH IS TO PROMOTE A CONTINUING EDUCATION AND DEVELOPMENT FOR GENERAL CAREER SERVICE EMPLOYEES IN ORDER TO IMPROVE THE EFFICIENCY OF CITY OPERATIONS . (b) EXTENT OF TUITION REF UND . REFUNDS SHALL BE GRANTED FOR ANY FORMAL COURSE OF STUDY IN ANY ACCREDITED SCHOOL OR COLL EGE, PROVIDED THAT THE COURSE IS RELATED TO THE WORK OF THE ELIGIBLE EMPLOYEE. SAID REF UNDS SHALL BE ON A FIRST-COME, FIRST-SERVE BASIS. UPON COMPLETION OF THE COURSE, THE ELIGIBLE EMPLOYEES WILL BE REIMB URSED IN FULL FOR BOOKS AND TUITION UPON PROPER BILLS AND PROOF OF A PASSING GRADE HAVING BEEN SUBMITTED TO AND APPROVED BY DIRECTOR OF EMPLOYEE RELATIONS. (c) THE COST OF THE TUITION REFUND PLAN SHALL BE BORNE BY THE CITY AT A LEVEL OF CONTRIBUTION EQUAL TO TEN DOLLARS ($10) PER NUMBER OF ELIGIBLE EHPLOYEES IN THE CAREER SERVICE SYSTEM. That Sections 2(a) and 3(a) of Chapter 7, Title V of the '69 E.M.C., as amended, are hereby amended to read as follows: 5 -7 -2: HOURS OF lvORK -MONTHLY EMPLOYEES (a) ALL CAREER SERVICE EMPLOYE ES Shal l work at least forty (40) hours per we ek , or in the case of shift work, an average of forty (40) hours per week. The work week shall consist of five (5) eight-hour shifts, or other work schedul es as determined by the department head with ipproval of t he City Manager . NOTHING HEREIN SHALL BE C NSTRUED AS GUARANTEEING EMPLOYEES FORTY (40) HOUR OF WORK PER WEEK OR EIGHT ( 8) HOURS OF WORK PER DAY, 5-7-3: OVERTIME WORK (a) FOR ALL CAREER e xcept as otherwis e -5- E NON-EMERGENCY EMPLOYEES, ed, duties perfo rm ed over I • • Section 7. • • • and above the assigned work schedule or on hol idays shall b e considered overtime for all monthly employee s, OTHER THAN EMPLOYEES WHOSE WORK SCHEDULE PROVIDES A DAY OFF IN LIEU OF ANY HOLIDAY. Overtime shall no t be computed nor compensation allotted on previ ousl y accrued overtime. The appointing authority and the Career Service Board are hereby authorized to establish, by agreements, specific positions which will b e con- sidered exempt from overtime pay or compensatory time. Fire fighters shall receive overtime for duties per- formed over and above the assigned workweek of fifty-six (56) hours, with the hourly rate computed on a fifty-six-hour duty week wage basis. When fire fighters work overtime on an emergency call-back bas i s, that overtime shall be computed on a forty-hour duty week wage basis. If a fire fighter on a full shift overtime basis works on an emergenc y along with other fire fighters on a call-back basis, he will be compensated on the forty-hour basis during the p e riod of that emergency. Overtime shall not be computed nor c ompensation allotted on previously accrued over- time . The appointing authority and the Career Service Bo ard are h e reby authorized to establish, by agreements, specif i c positions which will be considered exempt from overtime pay or compensatory time. That S ection 2, Chapter 8, Title V of the '69 E.M.C., as am e nded, is here b y repealed and reinserted to read as follows: 5 -8-2: INS URANCE BENEFITS (a) Life Insurance : Life insurance for each eligible e mployee shall b e Twenty Thousand Dollars ($20,000) for every employee . The same conversion privileges upon r etireme nt of 50% coverage paya ble by the employee will c ontinue. The A.D. & D. provision shall be Twenty Thousand Dollars($20,000) for every e ligible employee. (A.D. & D. -Acc idental De a th and Dismemberment) (b) Dental Insurance: City funding of the coverage for the City Dental Insurance Plan will be 100 % for single, 75 % for dependent and the employee shall be charged 25 % of a dependent coverage. (For description of the coverage provided, see the City Dental Insurance Plan) -6- • I • \ • Section 8. • • • (c) Hea lth Insurance -Employee s -Retirees: (1) City funding of the coverage for the Ci ty Health Insurance Plan will be 100 % for single, 75 % for d ependent and the e mployee shall b e charged 25% of a dependent cove rage . (For description of the coverage provided, see th e City Health Insurance Plan) (2) Major medical insurance SHALL be increased to include pregnancy which pre s e ntly is an exclusion. (3) He alth insurance coverage for retirees will be provided by the City on a non-participating basis. The total premium will be paid by the individual. The coverage will coordinate with Medicaid wherever applicable. (4) Those retirees under the City of Englewood health insurance plan on a direct pay basis and future retirees of the City will be covered at City c ost for their individual health insurance coverage . The City will not contribute towards the dependency coverage but the retiree remains eligible to carry tha t coverage on a direct pay basis. That all ordinances or parts of ordinances in conflict wi th the provisions of this ordinance are hereby expressly repealed. Introduced, read in full and passed on first reading on the day of , 1978. Published as a Bill for an Ordinanc e on the _____ day of 1978. Read b y title and passed on final reading on the day of __________________ , 1979. -7- • • I • • \ • • • • Published by title as Ordinance No. , Series of , on the day of -------,~1979. -------- Mayor Attest: ex off~cio City Clerk-Treasurer I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance pas sed on final reading and published by title as Ordinance No. Series of ______ __ ex off~c~o City Clerk Treasurer -8- • I • • - ( ( • • • • 7 e INTRODUCED AS A BILL BY COUNCILMEN MANN and WILLIAM£ .;<_ BY AUTHORI TY ORDINANCE NO. , SERIES OF~ l ''t71 AN ORDINANCE AMENDING SECTION 41, CHAPTER 4, TITLE I, OF ARTICLE IV, ENTITLED "COUNCIL SALARIES" BY INCREASING SAID SALARIES FOR FUTURE MEMBERS OF THE ENGLEWOOD CITY COUNCIL, TO BECOME EFFECTIVE DURING SAID COUNCIL TERM COMMENCING AT 7:30 P.M. ON THE FIRST MONDAY AFTER JANUARY 1, 1980. WHEREAS, Section 21 of the Charter of the City of Englewood initially fixed the amounts to be paid as monthly salaries to the members of the City Council of the City of Englewood; and WHEREAS, the aforesaid initial salaries effective July 8, 1958 were modified by Ordinance No. 41, Series of 1969 and Ordinance No. SO, Series of 1976; and WHEREAS, the growth of the City of Englewood during the ensuing years and the duties and r esponsibilitie s of members of City Council have correspondingly 1ncreased and that the time spen on City business by memb ers of the City Council has likewise increased; and WHEREAS , it is now appropriate that the future members of the Eng lewood City Council should receive an increased compensa- tion over and a bove that whi ch was initial ly s et fo r November of 1969 and Jan uary of 1976 for three of th e members of Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE C ITY OF ENGLEWOOD, COLORADO , as follows: S e ction 1. That Sect ion 41, Cha pter 4, Title I of Article IV entitled "Council Salaries" is hereby am e nded to read as follows: 1-4-41 Salaries of Councilmen The monthly salaries of the Councilmen are h e r eby fixed in the following amounts: Mayor Mayor Pro Tern Councilmen ~i!59 ~i!i!5 ~i!ee • $500 $450 $400 I • - ( 0 • J ( • • • • Section 2. That the Councilmen's salaries set forth in Section 1 hereof shall take effect for all council terms commencing on and after 7:30 P.M. on the first Monday after January 1, 1980. Introduced, read in full and passed on first reading on the 5th day of December, 1978. Published as a Bill for an Ordinance on the 6th day of December, 1978. Read by title and passed on final reading on the _____ day of , 19 Published by title as Ordinance No. , Series of on the day of , 19 _____ . Mayor ATTEST: ex officio City Clerk-Treasurer I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinanc e No. Series of ----- ex off~c~o C~ty Clerk-Treasurer -2- • I • • ( ( • • • • 7c INTRO DUCED AS A BILL BY COU CI LMAN ____ C_L_A_Y_T __ O ______________________ __ BY AUT HORI TY ORDINANCE NO . JS , SERIES OF 197~1 AN ORD INANCE APP RO VING A CONTRACT BETWEEN T HE CITY OF ENGLEWO OD, COL ORADO , AND TH E COUNTY OF ARAPA HOE, CITIES OF LI TTLET ON, SHERIDAN AND CHERRY HILLS VILLAGE , COLORADO, RELATING TO THE USE OF THE ANIMAL SHELTER FACIL ITIES WITH IN THE CITY OF ENGLEWOOD, COLO RA DO . WHEREAS, the Cit y of Englewood, a municipal corpor ation , operates and maint ains an animal shelte r and disposal facility withi n the City ; and WHEREAS , Arapahoe Counry a s well as the cities of Littleton , Sherid a n and Cherry Hi lls Village desi re to participate in the use of said facility; and WHEREAS, it is mutually desi rable under the provision s of Title 29, Article 2 , C.R.S. '73, as amend e d, to ente r into s aid agreements . NO W, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EN GLEWOOD, COLORAD O , as follow s : Section 1 . That the City of Englewood, Colorado, and Ara pahoe County, cities of Little ton, Sheridan, Cherry Hill s Village sh al l e nter into separate contract agreemen s whereby the City of Englewo od , s hall provide a nimal shelter facilities and services incidental thereto for said Coun t y an d adjoining citi es . S aid contracts a re attached hereto , identical i n form a nd content, consisting of flve (5) typewritte n pages , a nd i ncorporate d h e rein by this r ef - erence . Said instruments provi de generally as follows: Article I , consisting of thirteen sections, provides that Engl wo o d a g rees to maintain an animal shelter faci lity and service inc ident t hereto, to provide fo r the maintenance and conf in e men t of small a nimals a nd faci lities , includin g a n e uthan a sia chamber and gas- f ired incinera tor , method s of receiving, housing , feed- ing and o he rwise caring fo r animal s o rd ered impounded • I • • - ( • • • • by county and city authorities; provides methods for advising the general public as wel l as county and ci y authorities of the method of releasing animals and collecting charges , fees , and fines, prov idi ng for the disposal by th e City after the sixth day of con fin emen t or upon written notic e from the coun ty or cities, provides generally for the disposal through adoption, transfer to research agencies, or euthanasia a nd cremation . Article II, containing seven sections , generally provides a basis for the fees to be charged each political entity, for the boarding and disposal of a nimals, a min imum adoption fee and the mandatory neutering of small animals by qualified veterinarians as well as the requirement to administer rabies vaccinations when required by Tri-County Health r eg ulations. Article III, c o ntaining one sect ion, provides that the agreement shall be in ef fect comme ncing January 1, 1979 for three months , terminating April 1, 1979 . Sec tion 2. Th e Cily Council of the City of Englewood, Colorado, hereby a thorizes and direc s the Mayo r of the City of Englewood t o subscribe his name to said c ontract for and in behalf of the Ci t y Council and the City of Englewood, Colorado, and that the Director of Finance , ex officio City Clerk-Tr easu rer, attest and e xec ute the same. Introduced , read i n f u ll and passed on first readin g on the 18th day of December, 1978. Publ ish ed as a Bill fo r an Ordinance on the 20th day of December , 1978. Read by title and p s sed on final reading on the 2nd day o f Jan u ary , 19 79. Publi shed as Ord in a n ce No. ______ day of January , 1979 . Altest : e x offic1o C1ty Clerk-Tr easurer -2- , Series of 1978 , on the Mayor --------·-----~~-. • I • - ( • • • • • • I, William D. James, do hereby cert i fy that the above and foreg~ing is a true, accurate and complete copy of the Ordinance p assed on final reading and published by title as Ordinance No . Series of 1978. ex offic~o City Clerk-Treasurer -3- • I • • • • • MEMORANDUM TO: Mayor and Members of City Council FROM: Bernard V. Berardini, City Attorney DATE: December 28, 1978 SUBJECT: Report -Current Activities The City Attorney's office will, from time to time, ma ke report s to the City Council regarding the status of existing litigati on , new litigation and other matters of general legal importance that should be brought to the attention of City Council and City Manager. 1. Horner Richard, Jr. vs. Board of Directors of Career Service Board of the City of Englewood, Colorado: Judy He nning, Jo Turner, Robert Brundage, William Hanson, Ed White , Ge r a ld A. Beason, City Manager, Andy McCown, City of Englewood, and each of them jointly and severally, District Court of Arapahoe County. The City was served on December 19, 1978 with a Summon s and Complaint Pursuant to Rule 106 to review d ecis ion of th e Care e r Service Board denying the grievance of Hom e r Richard denying his request to be reinstated to position of driver/ope ra tor/e ngineer together with back pay, costs, expenses and attorney fees. (Copy of Petition attached) 2. Mathews vs. City of Englewood, District Co urt Arapahoe County. This is an action on the part of Mr. and Mrs. Wiley B. Mathews to close the Elati-Fox alley in the 4800 Bloc k . Part of the case was argued to Judge John Gately in Divi sion 2 on Wednesday , December 27, 1978, at 8:30A.M. The Court will give a ruling on one of the issues involved by January 8, 1979. 3. The City was served on December 26, 1978 with a Summon s and Comp laint in the United States District Court i n an action by Kathleen Bueno, a former City e mployee , (class action) alleging discriminatory personnel practices relating to pregnancy a nd re- e mployment rights. The suit asks damages in the a mount of $10,000 plus interest and attorney fees (copy of Summons and Complaint attached). 4. I have been advised by the City Attorney for the City of Sheridan that Sheridan will commence suit against Englewood for the collection of amusement taxes at the Englewood Municipal Golf Course located within Sheridan and the action is to b e c omm enced the first week in January . • I • • Mayor and Members of City Council Page 2 December 28, 1978 • • • 5. On Friday, December 22, 1978, the City of Englewood conveyed all of the improvements located at the Simon Center, with the exception of the existing lease on the lower level, to the Englewood Housing Authority. The closing took place at the offices of Hanifen, Imhoff & Samford in Denver. 6. On December 7, 1978, this office received a formal written opinion with reference to a comprehensive labor contract between the City of Englewood and the Englewood Employees Association. In a nine-page opinion, Mr. Damas states that he feels a comprehensive contract with the Employees Association, or any other recognized unit, may be entered into without incorporating its provisions into the Englewood Municipal Code by amendment (which is now mandated by City Ordinance). This afternoon I received a letter from Mr. Jonathan Wilderman, attorney for Englewood Employees Association, taking the opposite position in that the a mendmen t method of the City Code is lawfully required and is the proper procedure to effect changes brought about by the Memorandum of Understanding. Both opinions will be available at the regular session of City Council on January 2, 1979. 7. This office is submitting a new caption form on Englewood City Ordinance, which we believe to be better practice than the ones we currently have. I can discuss this with you at the regular meeting or at the pre-conference meeting with Council. -Res ctfully su?Jbit a, . /--<....~ ~ ( / -<..'-""'- ' rd V. Bera·rd · ni -City Attorney ...... __ ··-·--:___ bb Attachments • I • • • ~-,-________ c_o_ur_t_F_il_in_~_·s_t_3_rn_P ______ --. =----------------~~ • I \ . _____ I I HOMER RICHARD , JR. l Plaintiff .......... , V5. OARD OF DIRECTORS OF CAREER SER IN THE .. J?..~~.':rR~_C:! ......... COl(RT JN AND FOH .... COTT!'\TY OF .. 1\H/\Pl\HOE ............... . AN 1J ST ,\TE OF COJ.(Jl{A DO SUMMONS VICE BOARD OF THE CITY OF ENGLE-I ~O'l D, COLORADO: JUDY HENNING, JO U RN ER, ROBERT BRUNDAGE 6 \HLLIM-1 l\ lSON ED \'lHITE GERAL l\. BEA- ON , CiTY l·1ANAGER,. ANDY McCO\'lN, · ITY OF ENGLE\'lOOD, and each of I i them JOintly and severally, 1 Defendant.:?........ J THE PEOPLE OF THE STATE OF COLOl!ADO DEPT. Of rlil t.W E ENGLEWO OD TO THE ABOYE KAMED DEFEL\"DANT ......... ,GREETING: You are hereby summoned and rt!quired to file mth th n cle1·k an amw:er· to the complaint withi."l 20 days after service of this summons upon yon . If you fail so to do, judgme 11L by d c f«ult wiU be t ukca against you for the relief demanded in the complaint. If service upon you is mau e outsi<l ~ the State of Col or.1dn , or hy pnhlic:alion, 01 if :1 c·c•;•:1 ol tl •c : com plainll.>i! not servecl upon you \•:ith this ::;mn mon ,;, you :1!•· required \o-Jilc your an ;wcr tn t.hr: c·.<••"· plai.nt within 30 d:.~y s aft~:r scr·v ic e of this suuunons upon you . \vARNING; If this sununons does not contain the docket number of · the civil action, then the complclint may not. nO\" be on file \-lith the clerk of the court. The complaint must be :t;i.lecl within ten days after the summons is served, or the. COURT toJILT. BE \HTHOllT JURISDICTION TO PROCEED FURTHER AND THE AC'.L'ION \HI.l, BE IJEE!·1ED DIS · HISSED \'liTHOUT PREJUDICE AND WITHOUT FURTHEl{ NOTICE. Information from the court concerning this civil action may not Le available until ten days after the summons is served. This is an action• for review of a decision of the Career Service Board of the City of Englewood, Colorado pursuant to Rule 106, Colorado Rules of Civil Procedure. Dated .... P~<:.e.~~J: .. ~-~ ..... : ................... , 19 ... ?.~ .... HYRICK, NE>~TON & SULLIVAN, P .C. Clerk of said Court By .......... ·········· ··············-················- Deputy Cle rk (Sc ;-,1 of Court) ~X.: _{ 1 ~~-~.!.~~-~_L.{d~_L..t*. ···-~-~.:;:!.'-.~ .. /\: .... 0 Attorney for PI •• tiff Robe rt 0. Ne\-Jton, · cg . No. 2789 1439 Court Place ben.ve·r; ··c~a.-Q~;i~tii!+-?9"2 ········ ······---·· (30 3) 292 -9280 'I •n :., ll '.t:1t'N)n ., is l•.tut'd punu-ot to Uule •• c n.c P .. 1\A •r uncl-1. tr t ~~ ··J ~:T\On:t IJ I'IU\,I;"It.-.1 t>l .... t"'f' ... ) $\';tt-.o •;l t\ Ct):rr or th~ rom~'.ti."'' t~.:•...-r t ht..• ~e>t~l "tu:t•o n .. •~t. t.he relie f d•,.,•Doift!. I t b..riJ' ruralliQ n lo klliO:I'I: t h ... n•••n rn.u n• u u 11t ,..,,._.., ··n111 i.t n n .. ul~n f .Ju nJ ..... I 1 :~0 t <Jr"-'; !-= -----------·--·--·- • I : I • • - 0 • • • IN THE DISTRICT COURT I N AND FOR THE COUNTY OF ARAPAHOE STATE OF COLORADO LL(", I ~C Civil Action No, \ '-<:.•> HOMER RICHARD, JR. Plaintiff, vs BOARD OF DIRECTORS OF CAREER SERVICE BOARD OF THE CITY OF ENGLEWOOD, COLORADO; JUDY HENNING, JO TURNER, ROBERT BRUNDAGE, WILLIAM HANSON, ED WHITE, GERALD A. BEASON, CITY MANAGER, ANDY McCOWN, CITY Of' ENGLEWOOD, and each of them jointly and severally, Defendants, ) } } COMBIN~ VE RIFli._,COMPLAI NT f OR ). RELIEF UNDER RULE 106, COLORAD O ) RULES OF CIVIL PROCEDUR E ) } ~~~ON FOR ISSUANCE OF CITATION ). AND ORDER TO SH0~1 CAUSE l ) ) ) ) l. ) } 1 COMES NOW the Plaintiff herein, Homer Richard, Jr., by and through his attorneys, MYRICK, NEWTON AND SULLIVAN, P.C., Robert 0. Newton, Esquire and for his complaint for relief pursuant to Rule 106, Colorado Rules of Civil Procedure s and Motion for Issuance of Citation and Order to Show Cause against the Defendants named herein, states, alleges and adverse as follows: I, PRELIMINARY ALLEGATIONS 1. At all times material to the complaint, the Plaintiff, Homer Richard, Jr. was and is a fireman employed by the City of Englewood, State of Colorado, 2. At all times material to the allegations of this complaint the Defendants, Judy Henning, Jo Turner, Robert Brundage , William Hanson, Ed White, are Board Members of the Career Service Board of the City of Englewood, State of Colorado. 3. That the Defendant, Gerald A. Beason was and is at all times material to the allegations of this complaint, the Fire Chief for the City of Englewood, State of Colorado. The defendant -1~ • I • 0 • • Andy McCown, at all times material to the a lle gation s of th is complaint was and is the City Hanager of the City of Eng l e wood, State of Colorado. II. CLAIM FOR RELIEF 4. Plaintiffs incorpora te h e r e a nd b y r ~ferenc e all th e allegations contained in the prece ding p arag ra p h s 1 an d 2 of th e Preliminary Allegations. 5. On or about the 4th day of August, 1978, t he P l ain t if f herein, Homer Richard, Jr. filed with the Ci ty of Engl e woo d , State of Colorado a grievance, a copy of which gr iev ance i s attached hereto and incorporated herein by refere nce a s EXHIB I T A. 6. The matters setforth in the attached g rievanc e fil e d with the City of Englewood, State of Colorado setsforth in de t ail the complaint of the Plaintiff. During the year 1976, the Plainti ff qualified and became eligible as a driver-operator engineer of the fire department for the City of Englewood, State of Color a do, subject to available positions for such job capacity. 7. That on August 4, 1977, the Fire Pension Board of the City of Englewood, State of Colorado denied a pension to Durre l C. Bates. That determination and decision was later reversed by action of the District Court in and for the County of Arapahoe, State of Colorado under Order dated January 6, 1978 by the Honorable Marvin w. Foote. A copy of that Order is attached hereto and incorporated herein by reference as EXHIBIT B to this complain t . 8. That subsequently thereto, and in particul a r on or about August 23, 1978 a final order was entered by the Honorabl e Marvin W. Foote, a copy of which order, findings of f a c t , conclu sion s , of law is attached hereto and incorporated h e r e in b y r efe r e nce as EXHIBIT C to this co ~plaint. 9. As setforth in the District Court Order of J a nuary 6 , 1978: " The Court finds that the Board of Trustee s of the Fir e Pe nsion Board of the City of Englewood abused its discretion in r e fu s ing to give credence to the overwhelming weig ht o f t he Me d i cal testimony that Plaintiff ( Dates ) is d isable d and the r e fore eligible to receive a monthly p e nt i on eq u al to on e -hal f -2- • I • - • • • the amount of his monthly salary as of the date of his retirement. Findings of Fact of Board are conuary to the evidence and un s upported by the testimony." 10. The District Court Order of January 6, 1978 furth er provided in part as follows: " This Order is stayed until a final determination o f the denial or Plaintiff's application for an additional twenty percent benefit under the Englewood Municipal Code." 11. No such final determination was made in the Du rrrel C . Bates case ·until the 23rd day of August, 1978. 12. That until a final determination was made by the District Court in and for the County of Arapahoe, State of Colorado, there was no determination as to whether or not the Fire Pension Board of the City of Englewood, had made a proper or inproper decision as to the awarding of a pension to Durrel C. Bates. 13. That by reason of the unjustified denial of a pension to Durrel C. Bates, the position of driver-operator-engineer was not made available to this Plaintiff, even though testimony and evidence will clearly indicate that had such availability been present, the Plaintiff would have been appointed to that position on or shortly after August 4, 1977. 14. That upon filing the Plaintiff's grievance on or about August 4, 1978, the Plaintiff's grievance was denied at each and every level of the grievance procedure as outlined by the employee manual of the City of Englewood, State of Colorado. The Plaintiff as complied with all conditions precedent and subsequent to said ·filing of grievances. 15. That ultimately, on November 16, 1978 the grievance of the Plaintiff was heard by the Career Service Board of the City of Englewood, State of Colorado and was prepared to present evidence and give testimony and have witnesses heard in connection with and relating to the grievance which attached hereto as EXHBIT A. 16. That the Career Service Board determined and decided that the grievance filed by the Plaintiff was not timely filed, inasmuch as more than 30 days had elapsed from the date o f the District Cour~s Order of January 6, 1978. 17. The Career Service Board furth e r decide d and determined that the P laint iff woul~ not be ~llowed to prvsPnt ev idence , t e stimony or call witne sses by r0nson of t th..· p:::io r -3- • I • • 0 • • • determination of a Career Service Board as to the timeline ss of the grievance. 18. That the decisions, findings and determination s of the Defendants and each of them, were arbitrary, capricious of and an abuse/ discret ion by reason that the grievance of the Plaintiff had been filed in a timely manner and he should have been entitled to present the merits of his g rievance to the Career Service Board of the City of En glewo od , State of Color a do. 19. The Plaintiff has no plain, speedy or adequate remedy available to him short of review by this Honorabl e Court and that irreparable injury and harm will result to the Plaintiff unless this matte r is reviewed by this Honorable Court. WlffiREFORE, Plaintiff prays that this Honorable Court enter judgement in favor of the Plaintiff and against the Defendants and each of them as follows: l. For an order of this Court determining and ad ~dicatin g the rights of the Plaintiff with respect to the grievance filed on August 4, 1978 and for a determination and anadjudicat i on o f this Court determining that the grievance filed on August 4, 1978 was filed in a timely manner; 2. That the Career Service Board of the City of Englewood, State of Colorado be required to hear the merits of the Plaintiff's grievance as attached hereto and incorporated herein by reference as EXHIBIT A. 3. That the findings and determinations of the Career Service Board of the City of Englewood, State of Colorado and the remaining Defendants and each of ~them be rec~1ded. 4. That the Defendants be restraine d and stayed from any and all actions by the De fe ndants , and each of them , that woul d alienate any rights accruing to the Pla intiff until such time that this review maybe had in this matter; 5. That the Defendants and each of them, be ordered to appear and show cause why the reliefs side in the Plaintiff 's complaint should no t be granted in fu ll; thi s Court all reco rds , documents , ex h ibits , or other portions o f the proceedings of thjs matter occurlnu bcfor ~ the Cdreer ~crvic0 ~oar d of the City o f Englewood , Stat ~ of Colorado; -4- • I • -• 7. Arul for such other and further reli ef as to thiti Courl seems just and proper. Respectfully submitted this s:s ~,~~ay of December, 1978 . . ·-------MYRiCK\ NE,\'lTON"~D SULLIVAN, P • C . Plaintiff's Address: '-\ ) ~ \ r ·- 2374 Elm Street ByRo~tf>=O.:~on .,-.•: ·~709 Denver, Colorado 80207 1439 Court Place Denver, Colorado 80202 Telephone: 292-9280 A F F I D A V I T STATE OF COLORADO ss. CITY AND COUNTX OF DENVER HOMER RICHARD, JR., being of lawful age, states that he has read the foregoing Complaint, knows the contents the reof , and states and deposes that the same is true and correct to the best of his knowledge, information and belief. ~ 21-~) /'J 1 ~Jc».tz---c.(/r:{j./(.~ . . HOMER RICHARD, JR. 7 SUBSCRIBED AND SWORN to before me this 15th day of December, 1978, by Homer Richard, Jr. My Commission Expires: \ ,l . I •I f ·. ·,·. ," 1,::: ·'. -5- • • I • • - • • .. SUM~.ONS IN A CIVIL ACTION CIV. I (:;!.r,o (Form•rly U .C. Form N n..&:t a fl•"· f6 ... :1)1 -----·--=.;=== R E C E \ V ED lllnitr?t ~tatr.a ilt.atrirt Qinurt FOR THE ---~D~l~S~T~R=l=CT~O~F~C~O=L=O~RA~D~O~-------DE.PT. OF FINANCE , ENGLEWOOD "-"\.. ~ "> ~ c).....Jc....r..J..-.• ~ ~"'.> (J~ l) 'VIJ.A f\1-" -0..·""' flew\ CIVIL ACTI ON FILE NO . ---- \\ :)..-0 KATHLEEr~ M. BUENO , on behalf of herself and the class herein described Plaintiff v. CITY OF ENGLEWOOD, a Colorado municipal corporation Defendant To the a bov e uamed Defendant You arc hereby summoned aud rcquit·etl to sc n •c upon John A. Cri swe l l J.!laintiff's attorney , whose address 3780 S. Broadway, Englewood, Colorado 30110 md flll d tb tho Clerk g f an answer to the complaint which is herewith served upon you, within 20 days after s~rvicc of thi s summons upon you, exclusive of the day of service. If you fail to do so, judgment I.Jy default will uc taken against you for the relief demanded in the complaint. Da te: [Seal of Court] /1 1 I. I ... / .r ' .. 1 ' . ,. ' I I I •) { .. r· " J ~· ~, / .· . • • • I • • J • • 17JI_::::"J T I ', ····~~ i' ·:. "0\lft I IN THE UNITED STATESub~~TR:Ic\r ·co~~~: O FOR THE DISTRICT % mo,Lq,~V\.Q{ll 36 KATHLEE N M. BUENO, on behalf of herself, and the class herein described, Plaintiff, vs. CITY OF ENGLEWOOD, a Colorado municipal corporat i on, Defendant. CIVIL ACTION NO ./ ______ _ C 0 M P L A I N T Plaintiff, complaining of defendant, alleges ;1s fo.llm·n~: JURISDIC'riON 1.1 As shall more fully appear below, plaintiff ("Bu eno "), brings this action on behalf of herself, and on b ehalf of the class described below, to obtain i!!,junctive, decl ?_~~tory .:~nd other relief under Title VII o f the Civil Rights Act of 1964 , as amended (Title 42, u.s.c. §2000, et seq., herein the "Act"). The claims asserted herein involve a controver sy exceeding the sum of Ten Thousand Dollars ($10,000), exclusive of interest and costs. This Court, therefore, ha s juri sd cition of this con- troversy by reason of the provisions of Section 706 of th e Act (Title 42, u.s.c. §2000e-5) and by reason of t he provi sions of Title 28, u.s.c. SS1331, 1337, 13 4 3(4), 2201 and 2202. 1.2 On or about April G, 1977, Bueno filed a written c ha rge with the Equal Employme n t Opport u nity Commission ("EEOC"), in- corporating therein the substance of the allegation s herein con- tained. On or about September 13, 1978, Bueno rec eived feu~ the EEOC the "right to sue " letter . l\ll condi ti on s JJCC!C·!de nt to 13:J e no 's right to m<Jintain thi s iiCtion h;1 v ,~ o :·cur,~·,i . • I . • • CLASS -DESCR IPTION 2.1 Bueno is prosecuting this action on behalf of h e r s elf and on behalf o f a class of individuals consi sting o f all female s who are , or have been, employed by the def endant ("C i ty") a.t any time on or subsequent to October 5, 197 6 Bueno a~sert s that she is an adequate representative of such class and that a ll of the criteria necessary to be met , under the provision s of Rule 23, F.R.C.P., in order to maintain this action as a clas s action, have been, or are, met. CLAII'l FOR RELIEF 3.1 At all times material thereto, Bueno was a female , employed by the City. 3.2 The City is a municipal corporation orgdnizc~ under th e provisions of Article XX of the State of Color ado , a n~ i s a "person" and an "employer" within the meaning of S ec tion 70l(a) and 70l(b) of the Act. ('l'itle 42, u.s.c. 2000(b) an<l (<.:)). 3.3 At all times material thereto, the City has establish ed , maintained and enforced certain personnel polici es which p ~r - sonnel policies discriminate against the City's femal e employe es , solely on the basis of their sex, in violation of th e provision~ of Section 703(a) (1) and (2) of the Act, Title 42, u.s .c. 520 00 e- 2 (a) (1) and (2). 3.4 Such discriminatory personnel polici es involv e , and consist, among other policies, of the f ollow ing: a. A policy which denies to a ~regnant female cmDl9yee the .;:_ight to sick leave benefits during. !:_!::_e time suc i1 [<'mu]C' emp loyee is absent from her employment ~1 ith the City as i1 r<:;;ul L ·----· . --· ---- of her pregnancy; b. A policy which prohibits a pregnant female empl o yee from being absent from her job for more t h an four weeks as a result of pregnancy , irrespective o[ her p hysic a l h~nlth 0 ( cnn- dition resulting th erefrom; • I • • - 0 t • • c. A policy which places no limit upon t he l en gth of ab3enc 0 from the job for employees whose absence is caus ed by a physical disability or cond ition, othe r than pre gnancy ; d. A policy allowing employees, whether male or fenal e , to take a "leave of absence" from employment with the Ci ty for numerous reasons or causes; e. A policy which denies to any female employee th e ri sht to take a "leave of absence" from her employme nt d u ring her term of pregnancy, or during the term of any incap acity resu lting from such pregnancy; f. A policy denying to all female em ploye es , who are absent from their employment with the City for more th a n four we2 k s because of pregnancy, irrespective o f their physical heal th or condition, all of their previously accrued seni ority , and ot ~cr employment rights and conditions; and g. A policy requiring all female employees, who ar e abs e nt from their employment for more than four weeks due to pregnetncy , rights. 3.5 During, and subsequent to, Bueno's employme nt with the City, the City required Bueno to adhere to such per so nn0l policies, and applied the same to her, as a result o f 1vhi ch i3ucno has ~-1~~-employm:nt and _~~f compensati o n in rtn amount presently estimate ~_to equal $10,000.00. 3.6 Other members of the cla ss repr ese nted by D u ~no have , during the period in question, also suffered a reduction in t he ir employment conditions as a result of the application of such personnel policies to them. 3.7 Bueno believes, and therefore alleg es u pon in f or m~tio n and belief, that, unless restrained by this Court, the Ci ty ~~all continue to maintain and enforce policies above d esc ri b~d . 3.8 Neither Bueno nor the cla ss represent ed by her h~s a n adeq uate or speedy remedy at law to obtain r e lie f from :;u r.:h discriminatory personnel practic es . \-iHEREF ORE, Bu e n o p rety i> ch di:. th i r; Co t::·<. ;::-:" ·r , .. ,q,i·; .,, a nO de cree which wo uld : • 'i'• I • • 0 • • by her a judgment at law for all monetary ~~<l:g es sustained by them as a result of the City's application of the above-de sc rib ed --personnel policies; b . Preliminarily and perman e ntly restrai n and enjoin the City from contin uing to maintai n or enforce such policie~; c. Require the City to un dertake such _aff~~~v~ action to alleviate the past effects of such discriminatory practic c3 and to insure against future implementat ion o f like pract ices ; d. Grant to Bueno and the clas s wh ich she repre sents such ---If f urther relief as may be appropriate, including i~:~t _up on 1 tr rr any ~udgment a~ law e ntered, attorney·~~~s as prov iucd under the Act and costs of suit nec essari ly incurr ed . Plaintiff's Address: 353 East Kenyon Avenue Englewood, Colorado 80110 By Respectful ly su bmitte d PATTE RSON · Criswell"' South Broadway Engl e wo od , Co lor~do DOlLO 761-0800 • I • r • • • - z-0 ,_, •• c ;•r l.J; c '.(l c J(I t f!J j 6 INTRODUCED AS A BILL BY COUNCILMAN __ ~l?~~~~~J'~~tt.~~~~L----------------- A BILL FOR AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE COUNTY OF ARAPAHOE, CITIES OF LITTLETON, SHERIDAN AND CHERRY HILLS VILLAGE, COLORADO, RELATING TO THE USE OF T HE ANIMAL SHELTER FACILITIES WITHIN THE CITY OF ENGLEWOOD, COLORADO. -/ WHEREAS, the City of Englewood, a municipal corporation, operates and maintains an animal shelter and disposal facility within the City; and WHEREAS, Arapahoe County as well as the cities of Littleton, Sheridan and Cherry Hills Village desire to participate in the use of said facility; and • WHEREAS, it is mutually d~sirable under the provisions of Title 29, Article 2, C.R.S. '73, as amended, to enter into said agreements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. 'l'hat the City of Englewood, Colora d o , and Arapahoe County, cities of Littleton, Sheridan, Cherry Hills Village shall enter into separate contract agreements whereby the City of Englewood, shall provide animal shelter facilities and services incidental thereto for said County and adjoining citie s. S a id contracts are attached hereto, identical in form and content, consisting of five (5) typewritten pages, and incorporated h erein by this ref- erence. Said instruments provide generally as follows: Article I, consisting of thirteen sections, provides that Englewood agrees to mai nta in a n animal shelter facility a nd se rvi ce in cid e nt th e r eto , to pro vidC' for the main ten a nc e and confine me n t of s ma ll a nimals and fa c ilities , inc ludin g a n e uthan as ia c h a mb e r and gas - fi red ~nciner a tor, methods o f r ece iving, hou s ing, feed- ing anJ otherw ise ·a ring f o r a nima l s o r d e r e d impounded • I • • • • • by county and city authorities; provid e s me thods for advising the general public as well as county and city authorities of the method of releasing animals and collecting charges, fees, and fines, providing for the disposal by the City afte r the sixth .day of confinement or upon written notice from the county or cities, provides generally for the dipsosal through adoption, transfer to research agencies , or euthanasia and cremation . Article II, containing seven sections, generally provides a basis for the fees to be charged each political entity, for the boarding and disposal of animals, ? wj d M'oiM atlepti811 iMM ilJUil 5R? MSPtlia•a•s• neutsrin'!J ei &•all ani: sis by qualifieel els:e•itlllawiane as Pill us the zeqaiiEhiEIIL to a~:aiaistez zskiee a •isnakit li when •1,~i 51i 11) 'fzi @UUiiLY ri@ditii Ieyalatious. Article III, containing one section, provides that the agreement shall b e in effect commencing January 1, 1979 and renewable each year unless written notice to terminate it i~ forwarded by either of the parties prior to Becgmhgr 1 : 1"7". 4~ / Section 2. The City council of the City of Englewood , Colorado, hereby authorizes and directs the Mayor of t he City of Englewood to subscribe his name to said contrac t for a n d in b e half of the City Council and the City of Englewood, Colorado , a nd that the Director of Finance, ex officio Ci ty Clerk-Trea surer attest and execute the~same. Introduced, read in full and passed on first reading on the 18th day of December, 1978. Published as a Bill for an Ordinance on the ____ day of December, 1978. ATTEST: ex offic1o City Clerk-Treasurer -2- Mayor • I • • -.: .. , • • • • -t ) I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full and passed on first reading on the _____ day of Decembe r, 1978. ex of f ic~o City Cl e rk Treasurer -3- • 1 ''U? I • • - ( • ( • • - /- 7 INTRODUCED AS A BILL BY COUNCIL MEMBER __________________________ __ A BILL FOR AN ORDINANCE AMENDING CHAPTER 9, TITLE V, OF THE 1969 ENGLEWOOD l-1UNICIPAL CODE RELATING TO THE CITY OF ENGLEWOOD RETIREMENT PLAN, REDEFINING THE TERM "EMPLOYEE", REQUIRING DISABLED EMPLOYEES TO MAKE APPLICATION FOR RETIREMENT AND MODIFYING THE MEMBERSHIP OF THE RETIREMENT BOARD. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That subsection (d) of Section 3, Chapter 9, of Title V , in the '69 Englewood Municipal Code is hereby amendec to read a s follows: Section 2. 5-9-3: DEFINITIONS Whenever used in the Plan, the following terms shall have the respective meanings set forth below, unless the context clearly indicates otherwise: (d) "Employee" shall mean any person employed by the city on a permanent full-time basis IN A POSITION IN THE CLASSIFIED SERVICE. For the purposes of this retirement plan, police officers, paid fire fighters and elected officials shall not be considered to be employees. That subsection (a) of Section 19, Chapter 9, Title V, of the '69 E.M.C. is hereby amended to read as follows: 5-9-19: DISABILITY RETIREMENT (a) NO member THAT HAS COMPLETED FIVE OR MORE YEARS OF CREDITED SERVICE SHALL BE TERMINATED FROM EMPLOYMENT BY • I • • ( • Section 3. • • - REASON OF DISABILITY UNTIL SUCH TIME AS THE BOARD SHALL HAVE DETERMINED THAT SAID MEMBER QUALIFIES FOR DISABILITY RETIREMENT AS PROVIDED HEREIN. A member shall be eligible for a disability retirement if his employment with the city is terminated by reason of a dis- ability, provided that he has completed five (5) or more years of credited service. Payment of a disability retir e - ment benefit shall commence as of the first day of the month next following the date of retirement, provided that the member is not covered by the city's long-term disability plan. If the member is covered by such long-term d isability plan, payment of the disability retirement benefits provided hereunder shall commence on the first day of the month next following his normal re tire- ment date. The last payment shall be made as of the first day of the month in which the death of the retired me mber occurs or his disab i lity ceases, whichever first occurs. If disability ceases on or after his normal retirement date and he does not return to full-time employment with the city, his disability ret ireme nt benefit shall be continued in the same mann er as if his disabil i ty had continued. That Sections 38 and 39 of Chapter 9, Title V, of the '69 E.M.C. are hereby amended to read as follows: 5-9-38: RETIREMENT BOARD There is hereby created a board to be known as the "Retirement Board of the City of Englewood," which shall be composed of seven (7) members. ONE (l) MEMBER SHALL BE AN ELECTED MEMBE R OF THE CITY COUNCIL, WHO SHALL BE SELECTED BY A MAJORITY OF THE MEMBERS OF CITY COUNCIL. ONE (l) MEMBER SHALL BE THE DIRECTOR OF FINANCE APPOINTED BY THE CITY MANAGER. Two (2) e~eh members shall be employees of the city who are members of the Plan, who shall be selected by a vote o f all such memb ers in -2- I • ( ( • Section 4. • • • accordance with such procedures as the City Manager may, from time to time, adopt therefor. Three (3) members shall be taxpaying electors of the City of Englewood, who shall be selected by a majority of the members of City Council . In addition, the City Manager, or his designee, shall serve in an advisory capacity, a s an ex-officio, non-voting member. 5-9-39: TERMS OF OFFICE The terms of office of each voting member of the Retirement Board shall be for four yea rs, providing SAID MEMBER continues to possess the qualifications therefor set forth in Section 5-9 -38 duri ng THE MEMBER'S TERM, provided, however, that the terms of office for those members originally elected shall commence on December 1, 1969, and shall be as follows: (a) One employee member shall serve until February 1, 1972, and one shall serve until February 1, 1974; (b) THE COUNCIL MEMBER SHALL SERVE DURING HIS TERM OF OFFICE AS A COUNCIL MEMBER; (c) THE DIRECTOR OF FINANCE SHALL SERVE DURING HIS TENURE IN OFFICE AS SUCH DIRECTOR OF FINANCE: and (d) One elector member shall serve until February 1, 1974, and two elector members shall serve until February 1, 1972. In the event of any vacancy occurring in the membership of the Retirement Board, the same shall be filled, for the duration of the unexpired term only, in the same manner as if provided in Section 5-9-38. That all ordinances and parts of ordinances in conflict herewith are hereby expressly repealed. -3- • I • • ( • • • • Introduced, read in full and passed on first reading on the 18th day of December, 1978. Published as a Bill for an Ordinance on the ____ __ of December, 1978. day Mayor ATTEST: ex off~c~o C~ty Clerk-Treasurer I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full and passed on first reading on the _____ day of December, 1978. ex off~cio city Clerk-Treasurer -4- I • • - • ( • • • • INTRODUCED AS A BILL BY COUNCILMEN MANN and WILLIAMS BY AUTHORITY ORDINANCE NO. ?I-tt , SERIES OF 1978 AN ORDINANCE AMENDING SECTIO N 41, CHAPTER 4, TITLE I, OF ARTICLE IV, ENTITLED "COUNCIL SALARIES" BY INCREASING SAID SALARIES FOR FUTURE MEMBERS OF THE ENGLEWOOD CITY COUNCIL, TO BECOME EFFECTIVE DURING SAID COUNCIL TERM COMMENCING AT 7:30 P.M. ON THE FIRST MONDAY AFTER JANUARY 1, 1980. WHEREAS, Section 21 of the Charter of the City of Englewood initially fixed the amounts to be paid as monthly salaries to the members of the City Counci l of the City of Englewood; and WHEREAS, the aforesaid initial salaries effect ive July 8, 1958 were modified by Ordinance No. 41, Series of 1969 and Ordinance No. 50, Series of 1976; and WHEREAS, the growth of the City of Englewood during the ensuing years and the duties and responsibilities of members of City Council have correspondingly increased and that the time spent on City business by members of the City Council has likewise increased; and WHEREAS, it is now appropriate that the future members of the Englewood City Council should r eceive an increased compensa- tion over and above that which was initially set for November of 1969 and January of 1976 for three of the members of Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section l. That Section 41, Chapter 4, Title I of Article IV entitled "Council Salarie s" is hereby amended to read as follows: 1-4-41 Salaries of Councilmen The monthly salaries of the Councilmen are hereby fixed in the following amounts: Mayor Mayor Pro Tern Councilmen $500 $450 $400 D I • • ....... • • • • .. S ection 2. That the Councilmen's sal a r i es s e t f orth in S ection 1 h ereof shall take effect for all coun cil terms commencing on and after 7:30 P.M . on the first Monday after January 1, 1980. Introduced , read in full and p ass e d on fir s t reading on the 5th day of December, 1978. Published as a Bill for an Ordinance on t he 6 t h day of December, 1978. Read by title and passed on f i nal reading on t he 18th day o f December, 1978. Publ i shed b y t itle as Ordinance No . , S e r ie s of 1 97 8 , on the _____ day of December, 1978 . ------ ATTEST: Mayor ex offic~o City Clerk-Treasurer I, William D. James, do hereby certify that the above and foregoing is a true, ac curate and complete copy of the Ordinance passed on final reading and published by title as Ordinanc e No. Se ries of 1978. e x o f fi c io City Clerk Treas u re r -2 - • I •